02-10-2020 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, January 21, 2020 6:30 o'clock p.m. 3. LA19-000101 AL AZAD, 200 BEDERWOOD DRIVE, VARIANCE, 6:38 P.M. - 7:17 P.M. Staff presented a summary of packet information. Gettman asked if there was any history of how the applicant ended up with the two irregular lots. Oakden said she is not sure how the lots were created. They have been in existence for some time, and over time he acquired both of them. Gettman asked whether the applicant purchased both lots at the same time. Oakden said she is not sure if he bought both lots at the same time or if he bought one and then the other. Gettman asked if Staff knew anything about the segregation of part of the lots to create this weird setup. Oakden indicated the lots have been existing as separate parcels for a long time. The applicant did not create the lots. He is trying to establish a driveway easement to serve the back lot. The back lot is two acres in size and conforming in area but the other lot is not. Erickson noted some of the lots of record were established many years ago, long before many ordinances came into effect. Vice -Chair Erickson opened the public hearing at 6:42 p.m. Jeff and Renee Mueller, 222 Bederwood, have lived there over 35 years. Mr. Mueller indicated the property was bought at one time. It used to be owned by Jerry Gustafson. When he sold it, the Azads lived in the existing house, then tore it down and built a new one. Mr. Mueller said it's always been two separate lots, and between his house and their house there used to be another 50 -foot lot with a house that burned down. When Gustafson had the property, he got the sewer for his house and the existing lot. The other lot was too small to build on so it was added to that other lot. When the sewer came in, it went parallel to where the driveway is. His house and their house are both serviced on the back side because it's up on a hill. He asked who would be responsible for repairing the sewer line if a driveway is put in and through the construction the sewer line gets damaged or freezes. He does not want to find out a year later that his sewer line is broken and now there is a blacktop driveway there. Ms. Mueller said initially there was a driveway established through that property that was closer to the house and there was a culvert put in across the creek for access to the back lot. Now it looks like the applicant is proposing to put a driveway in a different location. She said the survey that was submitted is dated 9-21-17. They have had a dispute with the applicant for 11 years over a property line. They ended up with four feet and the applicant ended up with two feet of the south six feet. The Muellers' lot is very small, and it makes a tremendous difference to them as far as what happens in this situation. McCutcheon asked if any trees would need to be cut down if the proposed driveway went in that location. Mr. Mueller indicated there are two rows of trees and one of them is going to have to go. They're on the applicant's property.