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MINDTBS OF THE PLAmilHG COMMISSION TING HELD NOVEMBER 16, 1987 <br />Km AHCE 7:05 P.M. <br />The Orono Planning Commission met on the above date <br />with the following members present: Acting Chairman <br />Bellows, Johnson, Hanson and Brown. Taylor arrived at <br />7:18 P.M. Chairman Kelley and Cohen were absent. The <br />following represented the City staff: Building & Zoning <br />Administrator Mabusth, Assistant Planning & Zoning <br />Administrator Gaffron, and City Recorder Peterson. <br />CounciImembers Goetten and Callahan were also present. <br />#1218 THE ESTATE OP ROTH SMITH <br />387 ORONO ORCHARD ROAD <br />PRELIMINARY SUBDIVISION <br />PUBLIC HEARING 7:0S>7:13 <br />The Affidavit of Publication and Certificate of Mailing <br />were noted. <br />Attorney Betsy Baker was present representing the Estate <br />of Ruth Smith. <br />Mabusth explained the request to subdivide a 16.1 acre <br />tract into 2 lots as follows: <br />Lot 1 *= 2.706 acres total (2.62 acres dry) <br />Lot 2 = 13.426 acres total (11.1 acres dry) <br />All existing structures appear to meet required setbacks <br />for the RR-lB zoning district. Staff recommends tabling <br />the application pending resolve of the location of <br />existing septic system on Lot 1; amending the <br />preliminary plan to designate wetlands to east on Lot 2 <br />and redefine dry buildable area on Lot 2; realign shared <br />lot line for Lots 1 and 2 and designate a platted access <br />corridor for Lot 2 to Orono Orchard Road. <br />It was noted in staff's memo the issue of the transfer <br />of land by Spencer Smith to Cedric Dettloff in the late <br />60's. Planning Commission will be expected to make a <br />recommendation to Council regarding the issue of the <br />illegal sale and violation of the subdivision <br />regulations of the City. <br />Regarding the penalty. Attorney Baker stated that the <br />property is owned by the estate and the income from the <br />estate goes to three charities (The National Wildlife, <br />The World Wildlife Fund, and The Christian Children's <br />Fund), and therefore, enforcing a penalty on the estate <br />would not actually be penalizing anyone. The estate <br />agrees that the application should be tabled at this <br />point. She noted that the estate does not own the <br />property over which the new access would be located, <br />however, they are trying to work out this situation. <br />She noted that the issue regarding the dedication of <br />right-of-way will remain regardless of this subdivision. <br />i