01-22-2007 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 22, 2007 7:00 o'clock p.m. (6. #07 -3258 BRUCE PADDOCK, 1450 -1500 BRACKETTS POINT ROAD, Continued) obvious impacts on 1480's access route and may require minor changes where its driveway would enter from the south end of Outlot B. The Planning Commission discussed the historic public versus private use of the portion of the road proposed to be vacated, and the fact that it is a formally dedicated public roadway since 1903, the public has really not had comfortable access to this portion of the road for many years. Because the road does not abut the lake nor provide direct access to the lake and because the road is not a through road but merely provides access to the three end properties, there was some debate as to what are the real public values of the road. There was some discussion about whether the mere ability to drive along the shore and view the lake is a public value that would be lost and whether or how the City might be compensated for that loss. The 20 -foot corridor as it exists today was dedicated to the use of the public forever in 1903 in the plat of "Rearrangement of Orono Point. This 1903 plat formalized or extinguished certain prior road easements and/or street dedications that had been granted with the plat of "Orono Point" in 1888. The 1982 platting of Lots 7 and 8 "Rearrangement of Orono Point" into Lots'l, 2, and 3, Bracketts Point, made use of the dedicated road as platted in 1903 and did not change the status of that public road. Gaffron noted the fire marshal has not yet reviewed the plans. Gaffron indicated the applicant has stated they would be removing substantial driveway hardcover from near the lake, replacing it further from the lake, relocating the sewer lines under the proposed road, and eliminate the existing sewer connection encroachments. The applicant has provided a revised sketch illustrating additional driveway layout options for consideration. Stickney illustrated the proposed lots, outlot, and proposed roadway for Bracketts Point. Stickney noted the current driveway is approximately 12 feet wide. Stickney stated the proposed roadway would be adequate for emergency vehicles and would allow for some landscaping to serve as a buffer to the adjoining properties. Stickney noted he has not shown these plans to the Hendricks. Stickney stated there is a considerable amount of hardcover located near the lake in the 0 -75 foot zone that they would be willing to remove as part of this lot line rearrangement and return it to green space. McMillan inquired who would maintain the tennis court on Outlot A. Stickney stated there would be a shared use agreement and maintenance agreement between the three properties. White inquired how wide the roadway is proposed to be. Stickney stated it is 13 feet wide and that they could provide wider sections at different points. McMillan inquired whether that outlot would be considered private or public. Stickney stated the City has not maintained the 20 -foot easement from the northwest corner of 1450 PAGE 8 of 13 •