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• <br />MINUTES OF THE ORONO PLANNING COMMISSION MEETING <br />HELD APRIL 19, 1993 <br />ROLL <br />The Orono Planning Commission met on the above date with the <br />following members present: Acting Chair Maureen Bellows, Charles <br />Schroeder, Jeff Johnson, Ed Cohen and Stephen Peterson. Candace <br />Rowlette was absent. The following represented the City Staff: <br />Zoning Administrator Jeanne Mabusth, Septic Manager Stephen <br />Weckman, and City Recorder Teri Naab. Edward Callahan, Gabriel <br />Jabbour and JoEllen Hurr were present. Chair Bellows called the <br />meeting to order at 7:00 p.m. <br />W) #1813 LEONARD O. NISKA, <br />2304/2308 SHADYWOOD DRIVE - <br />SUBDIVISION CREATING PRIVATE EASEMENT <br />PUBLIC HEARING 7:00 - 7:30 P.M. <br />The Affidavit of Publication and Certificate of Mailing were noted. <br />Jayne Kvhar, applicant's attorney was present. Mr. Niska arrived <br />• during the discussion. <br />Mabusth noted earlier in 1992, the City granted a conditional use <br />permit for the storage shed structure located on this through lot. <br />The principal structure encroaches the adjacent property. The owner <br />is in the process of selling his property and the buyer has <br />requested an easement for maintenance of the house, and the <br />adjacent neighbor has indicated he does not wish to sell a portion <br />of his property. <br />Kvhar added this issue needs to be resolved for title purposes, and <br />they felt this was the best solution. <br />Bellows stated she is uncomfortable creating this type of easement, <br />and felt they would be setting an unfortunate precedent. She noted <br />the easement lacked adequate controls on time restraints for <br />existence of the encroaching structure and felt this could be <br />subject for abuse in the future. <br />Kvhar suggested the easement be allowed to remain as long as the <br />residence is located on the property. <br />Mabusth stated they have not considered a request such as this in <br />the past. <br />• Bellows stated she would be loath to allow rebuilding a residence <br />if the existing were removed on this substandard parcel, and felt <br />by allowing the easement they would be locked into doing so. <br />1 <br />