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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Curtis stated this application was discussed with the City Attorney prior to drafting the report and that the width of the driveway access and the applicant's proposal should not restrict further than the existing roadway. The paved area does not impede the access for Mr. Puzak and it becomes a private matter and not a land use issue at that point. Gaffron noted Puzak does not need any easement over thatlot since he is the owner of it. The piece that is being asked to be removed is all within the Wingerds' property. The City Attorney stated he has the right to travel across this particular piece of property and the fire and police department do not feel it is necessary to widen it any wider than the existing road. Gaffron stated Staff is comfortable requiring removal of the portion that is within the easement. Schoenzeit asked whether there are any issues with snow removal. Gaffron stated Public Works has dealt with plowing this for a number of years. Wingerd stated when they plow, they push the snow towards the lake. All of this area was class five rock until approximately three years ago when it was paved. Chair Schoenzeit opened the public hearing at 8.;03 p.m. Frederick Puzak, 1340 Baldur Park Road, stated to clarify the matter of the easement, his easement was adjudicated as the area depicted in blue on the drawing, which was previously shown on the survey that was submitted for the construction of their garage. The Benson survey shows the proposed garage and it also indicates easement per document 2513998, which is shaded in blue. Puzak indicated everyone has been aware of the easement for quite some time. Puzak asked why the Wingerds were allowed to build within 9 .3 feet of the lot line. Schoenzeit noted it is an existing structure. Puzaknoted it was built in 2005. Curtis stated it was supposed to be 10 feet but there was no as-build survey required at that time. Puzak displayed the City's minimum driveway standards. For a side loading garage, it requires a minimum 20 feet. Puzak indicated it is his understanding there is an additional five foot setback required for hardcover, which would have required a 25-foot setback, which for some reason did not occur. Schoenzeit stated the purpose of tonight's hearing is for the Planning Commission to look at options to help the Wingerds gain access to their garage Puzak stated there were a number of factual inaccuracies in Mr. Wingerd's statements that he could rebut, but that he would propose that Baldur Park Road be extended over Lot 21. The new owners have indicated they would like to sell their property. The new owners could pick up the balance of Lot 21 and Lot 22, thus creating a legally conforming half acre lot in the LR-1 C zoning district. By extending the road in such a manner, the City would also have a place to push the snow on the west side of the road. The new owner of Lot 20 could own everything to the east. This would be a win/win situation. Mr. Page 16