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ORONO PLANNING COMMISSION MEETING HELD JUNE 17, 1991 <br />( #1)ZONING FILE #1653- JEFFREY JOHNSON CONTINUED <br />Ms. Nevers asked if it would be the City's intention to now <br />vacate the entire alley. <br />Mabusth explained that it would be a complicated process if <br />the City were to initiate the Vacation of the remaining portion <br />of alley, in that the City would have to ask each property owner <br />to grant utility and drainage easements. <br />Nevers asked what the purpose is for Johnson's request to <br />vacate the alley. <br />Johnson replied, "One of the reasons for requesting the <br />Vacation is that the alley does impact the building envelope. I <br />had a choice of either seeking a rear setback Variance to <br />construct a deck or a Vacation of the alley. I chose the <br />Vacation because it would also resolve issues that relate to the <br />location of the alley and legally combining the lots. I do take <br />issue with the request for the drainage and utility easements. I <br />would like the City Engineer to review that. If easements are <br />located in that area, it would have the impact on the building <br />envelope as the alley. The easements would unduly restrict <br />building area. There is a wetland that would be located in the <br />middle of the easement, which runs north and south. Also, there <br />is already city water in North Shore Drive. The Public Works <br />Director has indicated that a water line could be installed where <br />the alley now exists to serve the properties on Cherry Avenue. <br />However, it will be necessary to provide water to both sides of <br />Cherry Avenue. A bike trail through that area would make no <br />sense because of the wetland. The plat of this area is 100 years <br />old. The City has found no use for the platted alley over that <br />period of time." <br />Councilmember Jabbour expressed concern about the fact that <br />Cherry Avenue is closed off on one end, leaving only one way to <br />access it. He also suggested it would be more efficient to <br />vacate the entire alley at once, as opposed to having it done in <br />a piece meal fashion. <br />There were no additional comments from the public, and at <br />8:19 p.m., Kelley closed the Public Hearing. <br />It was moved by Cohen, seconded by Bellows, to recommend <br />that Council approve the Vacation of an Unimproved Public <br />Right -of -Way. The applicant is to make his appeal to the City <br />Council regarding the issue of the drainage and utility <br />easements. Motion, Ayes -5, Nays -0, Johnson abstained. Motion <br />carried. <br />- 2 - <br />17 <br />0 <br />