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MINUTES OF THE <br />ORONO PLANNING COMMISSION <br />November 21, 2022 <br />6:00 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br />Page 7 of 13 <br /> <br /> <br />Mr. Johnson, Applicant, shared regarding Hattie Place that all utility providers were notified and the <br />power line that comes down is overhead. There is also a manhole at the beginning of the driveway. He <br />has been talking with the utility company about burying that power line to give more stability. Mr. <br />Johnson understands that utility easements will run that entire length of the property and clarified none of <br />the other vacation requests has a utility on them. He stated they did not request vacation of the southern <br />portion which the other neighbors all received. <br /> <br />Libby asked Mr. Johnson about the old garage that encroaches on the easement and if that would remedy <br />it. <br /> <br />Mr. Johnson replied it would remedy it as it puts the garage in compliance. He was looking at remodeling <br />the rambler for his parents and would not be able to attach a garage on that property because of the <br />easement which runs right up next to the house. It cleans up the fact that the City allowed that garage <br />there and it would get rid of the non-conformity. <br /> <br />Libby thinks it is very important for people to speak their mind during public comments. He thinks it is <br />unfortunate when they take time with hearsay and conjecture that is not empirically based in fact. Libby <br />has been a real estate broker for 35 years and during Covid when they did not have the ability to register <br />deeds the deputy registrars were months behind. He clarified when one is not seeing a deed filing it is <br />because they are still catching up from being months behind during Covid. He believes it was a wrong <br />pursuit to try to discredit another property owner in Orono because one could not find the deed as it was <br />not the property owner’s fault. <br /> <br />Ressler summarized he is in support of the vacation due to precedence and does not see a way that it <br />would be suitable for the City’s public use without substantial investment in some sort of imminent <br />domain because it is landlocked. If there is an amount of money to be exchanged and settled upon, he is <br />fine with that and thinks that is reasonable but he is not qualified to determine how much that would be. <br />Utilities have been addressed this evening and the easement will remain intact. Ressler would generally <br />be in support as long as there are no rights being given up for the City to provide utility. This is the ability <br />to clean up some parcels and supports the application as applied. <br /> <br />Chair McCutcheon is in support of the yellow area and thinks there is a sticking point on the orange area. <br /> <br />Kraemer thinks Ressler said it well. <br /> <br />Ressler moved, Kraemer seconded, to approve LA22-000050, 1003 Wildhurst Trail as applied. <br />VOTE: Ayes: 4, Nays 0. <br /> <br />2. LA22-000051 PAUL TAUNTON, 3600 IVY PLACE, REQUESTS AFTER-THE-FACT <br />VARIANCE APPROVAL FOR HARDCOVER WITHIN THE 75-FOOT SETBACK FOR <br />A PARKING AREA. <br /> <br />City Planner Curtis gave a presentation on the item, stating the Applicant is requesting after-the-fact <br />approval of variances for hardcover within the 75 foot setback. In September, the City received and <br />confirmed a complaint regarding a new parking area under construction on the property. The property <br />owner installed an approximate 1,100 square foot paver parking area within the 75 foot setback connected <br />to the existing driveway. Upon review, Staff noted two additional unapproved patio improvements on the