04/19/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, APRIL 19, 2004 6:00 o'clock p.m. (4. #04-2997 CITY OF ORONO, ACCESS BETWEEN LOTS 38 & 39, MORSE ISLAND PARK(120-140 BIG ISLAND), CONDITIONAL USE PERMIT, VARIANCE FOR WETLAND ALTERATION—Continued) Ms. Uran repeated her comments from the March 15, 2004 Planning Commission meeting: 1. This is not a replacement access. There was nothing there as people were driving on their private property sometimes without asking them for permission. 2. The City has looked at no other accesses because they have not been surveyed for cost comparison. 3. Grading costs versus filling in the wetland via barge costs does not make sense. 4. The work done this winter in the wetland was done by two private citizens, Urans were not consulted about the impact upon their land. 5. Uran does not like the feeling of having no input in the decision. 6. This access is the furthest point away from the land-locked lots and will result in more back and forth activity. Uran concluded that the Planning Commission reconsider the access but expressed her disappointment that it will be approved anyway. She apologized for repeating her comments and thanked the Planning Commission for listening. Rick Parson, 280 Big Island, commented that the access Ms. Uran referred to does not work for their property but that they could use the Bay Place location. He explained their property has quite a few steps up from the lakeshore and they have carried 88 sheets of plywood up the steps for their new building, and carrying construction materials by hand lengthens the building process making it tough to complete a building project in the two year time permitted by their building permit. Mr. Parson explained there is no way to get equipment in to build the sewage system coming from the access, as it does not connect to the access behind them. David Lovelace, 220 Big Island, indicated he purchased his property on Big Island in the late 1990's and at that time he understood he did not have lake access but that he had always had legal access. He was aware he could ask the City for a permit at the end of the platted road, and at that time, Bay Place was probably the closest. However, there is a dock already at the end of Bay Place public access and he understood that only one permit is allowed there and if he asked for a permit, the existing dock permit would be rescinded. Mr. Lovelace believed his option was limited and was not `neighborly' so he took the one offered him at a greater distance. He acknowledged that he and others were aware the access used was on Uran's property, and that most of the Big Island residents have tried to work this out among them, but are here because the informal agreement ended and requested help to resolve the issue. Chair Mabusth asked Mr. Lovelace to indicate where he was allowed to put in his dock and if he received an administrative permit to put the dock there. Mr. Lovelace replied that he did have a dock permit for that location. However, until he was granted pedestrian access with the dock permit, he was forced to trespass to get from his dock to get to the road. He explained that the City advised him to remove an old building on his property before a building permit will be issued and observed that getting equipment in to remove the building is very difficult. Page 20 of 49