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MINUTES OF THE ORONO PLANNING COMMISSION MEETING <br />0 HELD OCTOBER 18, 1993 <br />(#2) JAMES W. OGLAND /DONALD J. STOYKE - CONT. <br />Smith asked if there were other access points in the vicinity. Ogland responded there was an <br />access 600' to the west and in Spring Park. <br />Smith asked about other properties that had been vacated in this area. Gaffron explained that <br />there was a 1969 vacation of a neighboring property but there was very little information in City <br />files regarding the process. <br />Warren Paschke, 3349 Crystal Bay Road, stated that he owned his property since 1938 and has <br />never seen anyone attempt to use the 25' strip for lake access. If the DNR were to try to use <br />this, it would cause a serious hardship for residents on that road because of the width of the <br />road. There are fire hydrants available for fire fighting and he did not feel fire fighting <br />equipment could reach the lake. Paschke noted that he supported the vacation request. <br />Gaffron stated that it was the City Attorney's opinion that the City should not vacate that portion <br />used as a travelled right -of -way and 10' either side of it and that each property owner should <br />additionally grant an easement to the City for the right -of -way of Crystal Bay Road in their <br />properties. <br />Ogland stated they were trying to simplify ownership of the property. A vacation with granting <br />of easements would be simpler than the City maintaining ownership of an island that was 38' <br />x 25'. <br />Smith asked if there were any intentions to develop the property. Ogland confirmed there were <br />not. <br />Lindquist noted that no sewer easement currently exists but typically a 10' easement on each side <br />of the sewer pipe is granted. <br />Lorraine Paschke, 3349 Crystal Bay Road, commented that when you drive down Crystal Bay <br />Road, there is a sign that says "No Public Parking". No one has ever known that there is any <br />public property on this road. Many residents on this road have requested no parking signs. She <br />disagreed with the DNR when they say that property is available for public use. Schroeder <br />agreed with Paschke as a practical matter but legally it may be different. <br />Schroeder noted that if vacating were approved, the Planning Commission would have to find <br />that it was in the public interest to do so. The letter from the DNR must be considered. He felt <br />if the DNR had a chance to look at this property, they may take a different view. <br />• 4 <br />