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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 16, 2009 6:30 o'clock p.m. (#09-3433 RICHARD HANSON, 340 BIG ISLAND , CONTINUED) and what is private property, which could lead to liability issues for Mr. Hanson. Eiden stated even if the street is vacated , people will still utilize the road to access the beach . Eiden pointed out on the overhead how the 36 feet could be flip -flopped, which would take it away from Mr. Hanson 's property, and that there are other options that could be pursued rather than vacating the street. Rahn asked where the beach is located. Eiden pointed out the location of the beach on the overhead . Rahn asked if that is private property since the road stops short of the lakeshore. Curtis indicated the road does stop short of the lakeshore. Chair Kang closed the public hearing at 7:48 p.m . Kang stated she understands the concerns of Mr. Eiden but that the piece of property located beyond the road is private property. Eiden stated he would like to see the vacated road flip-flopped and commented that everybody believes it is public land and will probably continue to use it for access to the lake . Rahn stated it would be a different situation if the road did go down to the lake but the fact that it is private property makes the request by the applicant a legitimate one . Eiden stated there is a 1944 court decision regarding a vacation on St. Oliver's Bay where a homeowner attempted to close off an access, but that he does not have the money to pursue this matter in court . Eiden indicated he probably will continue to use that area for access even if the road is vacated. Rice stated in her view it is private property and that the road leads no where except to Mr. Hanson 's property . Kang indicated in her view the deciding factor is the fact that it is private property. Kang moved, Rice seconded, to recommend approval of Application #09-3433, Richard Hanson, 340 Big Island, granting of a lot area variance and vacation of unimproved Meta Comet Avenue subject to the recommendations of Staff. VOTE: Ayes 5, Nays 0. (Loren Schoenzeit recuzed himself from the following application) choenzeit, Applican _...,,__ ______ Page _ 11