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. <br /> MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Tuesday,February 19,2008 <br /> 6:00 o'clock p.m. <br /> Gaffron noted there is a 30-foot setback. <br /> Turner stated that Mrs. Hamman's attorney has filed papers to take title to that property by adverse <br /> possession. , _ <br /> Schoenzeit asked what the other side setbacks are in the rest of the neighborhood. <br /> Turner indicated the houses in this area are small and the setbacks are large. <br /> Schoenzeit expressed a concern that in the event of a rebuild on one of the area properties that the <br /> neighbors will request a similar 10-foot side setback. <br /> Miller stated the reason they are seeking the ten foot setback is that this is the result of a seven-month <br /> negotiation process and is an amicable solution between the parties to a difficult situation. Miller <br /> explained that when the 460 house was built,the surveyor measured off the north line and when the 450 <br /> house was built,the surveyor measured off the south line. The surveyor placed irons in the locations of <br /> where he had determined the lot lines were. The applicant then purchased what they thought was the <br /> full amount of Parcel A and Parcel B as drawn. The line of occupancy is where the edge of Parcel B is, <br /> and after surveying Parcel B,the error was discovered. An agreement was reached on the line of <br /> occupation and it only leaves ten feet for a side yard setback. <br /> Miller noted the existing house encroaches substantially�into the wetland setback and into the wetlands <br /> themselves. Mr.Richmond came up with a design of a house that does fit appropriately and is out of the <br /> wetlands and the buffer. Miller indicated the design satisfies as many of the wetland concerns as <br /> possible and is a settlement to a very difficult lot line situation that would otherwise have ended up in <br /> litigation. • <br /> Miller requested the Planning Commission approve the lot line arrangement tonight,noting that this is a <br /> negotiated final execution of a lot line problem and is contingent upon the variances being granted. <br /> Miller stated the vote of the Planning Commission would resolve a difficult situation. <br /> Sela stated they did attempt to purchase additional land but that no one wanted to sell a portion of their <br /> land. <br /> Richmond stated they did approach Mr. Dayton three times in an attempt to purchase additional land. <br /> Richmond noted the existing garage is located within the wetlands and that the design they have arrived <br /> at eliminates that encroachment. <br /> Schoenzeit asked whether the settlement is subject to the applicant receiving a 10-foot setback. <br /> Miller indicated it is. <br /> Turner stated Staff does have a copy of the deeds and other documents in the agreement. <br /> Miller stated he has worked with both City Staff and with City Attorney Mattick regarding this <br /> application. <br /> PAGE 13 <br />