01-13-2020 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Walsh said he was at the Planning Commission meeting and it was very clear the access on the public easement doesn't make a lot of sense for the applicant or from a City perspective for emergency vehicles or barges that come and deliver stuff, because if there was a dock there, they could not get there. One of the problems is that there's an overall encompassing ordinance that says you can't grant lake access, which is what the applicant is getting from her neighbor to be able to have a dock and have ease of access to her property. He does not know if tabling the application makes sense or if it makes more sense to deny it because the City wouldn't put anything there to begin with. The bigger change would be to take the existing ordinance and craft out an exception for people on the two islands, that you could get a Right -of - Way from your neighbor to get to the lake, which would be the only way to do it because it's landlocked. At the Planning Commission he said he thought that would be an easy solution to solve a problem for a landlocked piece of land in the middle of an island that's been using a gracious neighbor's land who is willing to give an easement to solve the problem. It seems to be the logical solution, to carve out something very particular for a unique situation. Printup clarified that Walsh was saying the dock would stay where it has been for half a century but they'd make it legal. Walsh said the applicant would be able to get an easement from the neighbor, which would be part of his title, that would enable her to walk down his property to the dock and it would be permanent. Right now, the City's ordinance does not allow her to do that. Printup clarified that it would stay where it's been. Walsh indicated that it would stay where it's been forever. Printup confirmed the Council would not be dealing with any City property. Walsh said the Council would not be dealing with any City property and the Council is saying no to the City property because it really does not make sense. Crosby asked if the easement would stay with the property. Walsh stated it would be a private transaction between the applicant and the neighbor across the street and it would be a permanent easement he's willing to give her across his property so she has dock access. Printup noted no one would be hitting electric lines or anything else. Walsh stated no one would be hitting electric lines or barges trying to get past her dock or anything like that. He thought it would be an easy solution but something Mattick would have to craft, and it could be ready by the first meeting in January to vote on so the applicant can move forward. Crosby asked if that language would stay with the property. Walsh confirmed that it would stay with the property and would be an easement that would basically give her permanent access. Johnson stated it seems to him they could have a dock there in the City easement, based on the ordinance for the zoning district. Page 21 of 34