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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 /> Richmond stated in his view the 10-foot setback would not be setting a precedent since this is a very <br /> unique situation given the mistake by the surveyor. <br /> Miller noted there is sti1140 feet between the two houses and that 50 feet has actually been added to . <br /> Mrs.Hamman's property. Miller commented it is unlikely that she would request a 10-foot setback. <br /> Gaffron expressed a concern that the other house in the neighborhood may contend that their property <br /> lines were incorrectly measured. • <br /> Miller stated this is a unique situation because there has been occupation of this area for so many and <br /> that no one occupied that other strip so they have no claim for adverse possession. The other property <br /> owner has indicated they are not making a claim for adverse possession and that they have not occupied <br /> that land. <br /> Schoenzeit asked whether Parcel B would agree to a 29-foot setback. <br /> Miller stated in his view they would have to comply with a 30-foot setback since it is akeady part of <br /> Orono's codes. <br /> Schoenzeit asked whether Mrs.Hamman would agree to a 30-foot setback. <br /> Miller stated he cannot speak for her. <br /> Turner noted Mrs.Hamman is not here tonight and neither is her attorney. <br /> Miller stated he negotiated for everything that he could and that he was unable to get a substantive � <br /> movement in that regard. Miller indicated they are attempting to avoid the cost of litigation with this <br /> agreement. <br /> Rice asked how big the house could be if they complied with the setbacks. <br /> Miller stated they did comply with what they thought were the setbacks and that they did not discover <br /> the encroachment until after closing. They have looked at a number of options to financially resolve the <br /> situation and yet construct a house that fits the lot given the price. <br /> Sela stated they did obtain title insurance prior to purchase and were under the belief they purchased 1.1 <br /> acres. Richmond noted that his note is due March 20`�'and that he has been paying interest on the loan <br /> all this time. Richmond stated this is a very unfortunate situation. <br /> Sela indicated there were a number of mistakes made by a number of people and that this is the best <br /> solution they could arrive at. <br /> Zullo inquired whether there are any drainage or grading issues. <br /> Richmond stated they are simply asking for the variances at this time and that those issues would be <br /> addressed later on by the City Engineer. <br /> Sela indicated they are willing to comply with the recommendations of City Staff and the City Engineer. <br /> PAGE 14 <br />