12-13-2010 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2010 7:00 o'clock p.m. • 14. #10 -3493 GOOD SHEPHERD LUTHERAN CHURCH, 3745 SHORELINE DRIVE — CONDITIONAL USE PERMIT FOR COLUMBARIUM — RESOLUTION NO. 6014 Mayor White noted some of the neighbors are in attendance tonight and would like to make some statements regarding this application. Joe Anderson, 2464 Dunwoody Avenue, stated his main concern is the use of the private roadway that they own and making sure that their roadway is not used for parking or the storage of equipment during construction. White asked whether the road is posted as a private road. Anderson indicated it is. Dave Owen, Good Shepherd Church, indicated they understand that concern. Anderson stated he also has a concern that there will be additional traffic generated as a result of the columbarium. Mattick asked if there is currently parking allowed on the road. Anderson indicated there is not. Mayor White noted parking on the street would make it difficult for emergency vehicles to access that area. Mattick stated if the road has been signed and posted, the vehicles could be ticketed. Murphy asked what might occur as part of this project that would affect the use of that roadway differently than what it is already being used for. Dave Owen stated he does not envision Good Shepherd doing anything different than what it currently . does once the inurnment garden is constructed. Owen noted the inurement garden is for their members only and that they currently hold memorial services. Paul Carlson, 2466 Dunwoody, stated there are some private easements that are of concern. One of the easements is owned by the church as they previously owned the land on Tract F. The church was granted an easement via a quitclaim deed for $1 in 1963. Carlson stated to his understanding that easement still exists. The neighbors have a concern that the church will decide to use their rights under that easement. They have asked the church to rescind or revoke their easement that exists on that private drive. In 1997, Paula Zachman purchased the home on Tract F, which eliminates the purpose for the easement. The second agreement is a road maintenance agreement that supersedes the one that was signed in 1986 by the church and was conferred to Paula Zachman when she purchased the property. Carlson stated they have concerns that the easement document has survivability and the church will allow people to park there. Mayor White asked what the easement says. 0 Carlson stated the easement reads for driveway purposes as a means of ingress and egress to Tract F, registered land Survey No. 660 over and across Tract H, which is the driveway. Page 20 of 27