01-17-2023 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION November 21, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 13 Libby asked what the total buildable portion would be. Mr. Johnson replied it is a one acre zone so there would be two that would be 1.5 acres and one that would be just under 1.5 acres. He noted there will not be any non-conforming lots from his ownership. Chair McCutcheon opened the public hearing at 6:27 p.m. Brian Turbeville, 997 Wildhurst Trail, is concerned that this is putting the cart before the horse. In granting the vacation of these pieces, words are words about what will be constructed on the property. Ultimately, as stated by the DNR there is no public benefit for vacating these PIDs. From his understanding the other access to the lake has been contested multiple times at City Council and City Planning. He said the way the landscaping is set up on that property there is no access to the lake, so that property is inaccessible by the public. He has given some written comment and he and his wife are opposed to this without knowing what will happen on the property. He thinks it is extremely relevant to know what will happen to the 10 acres on the other side and believes the potential owner of that property is here and stated the 2020/2040 Comprehensive Plan states it is intended to be mostly rural, keep things natural, and there is an abundance of wildlife in those woods with the 10 acres abutting Saga Hill Park. Penny Saiki, 2874 Casco Point, stated last Monday at the City Council meeting, Mayor Walsh reminded them that Council Members are elected and charged to work for the citizens. Many vote and do not pay attention, trusting that those elected are acting in good faith for the public purpose. Ms. Saiki was jolted awake by the Star Tribune article on the vacancy of the fire lane and City-paid cul-de-sac for the benefit of Commissioner Erickson who donated $100,000 to the parks making it a tax deduction. Rumor has it that it will be listed in 2023 for $300,000. If the Erickson’s return all of it to the parks or other City coffers it will restore her faith in his doing it for the public good, future tax deduction aside. This land at 1003 Wildhurst Trail and proposed vacation of City easements has come up many times before. The DNR is against the vacancy because it is not in the public interest. On October 8, 2018, the City Council discussed the development and said they wanted to preserve the open character of Orono and hold to the Comprehensive Plan. While holding to the Comp Plan the Codes are morphing, attempting to make it easier to improve a property and in the process, variances are being granted to Ordinances. Ordinances are laws and Ms. Saiki said to be aware as the City alters the laws, liability enters the picture. Councilman Johnson, as a real estate agent requesting this vacation, owes transparency on the transaction of exchange of real property. There needs to be disclosure of the value of the lane presently owned before and after the vacation and the good that it is to the public. Alena Severson, 4635 Tonkaview Lane, said regarding the 10 acre lot, she is in a purchase agreement for 5 acres of it to build a single-family home, they will not tear down the trees, and will keep it simple and small. She clarified Mr. Johnson will have the other 5 acres and it will be two separate lots, rather than a development which are the rumors going around. She does not think Mr. Johnson’s property has a fire lane that anyone would have access to the lake right now. She clarified they do not have any plans to vacate from the park down to Wildhurst, either. Barbara Schmidt, 50 Landmark Drive, noted when looking up 1003 Wildhurst Trail the 10 acre lot comes up which is really confusing. Curtis clarified they were all previously in common ownership. Ms. Schmidt noted it was not in the presentation.