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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,November 16,2009 <br /> 6:30 o'clock p.m. <br /> (#09-3433 RICHARD HANSON,340 BIG ISLAND, CONTINUED) <br /> and what is private property,which could lead to liability issues for Mr.Hanson. Eiden stated even if the <br /> street is vacated,people will still utilize the road to access the beach. <br /> Eiden pointed out on the overhead how the 36 feet could be flip-flopped,which would take it away from <br /> Mr.Hanson's property,and that there are other options that could be pursued rather than vacating the <br /> street. <br /> Rahn asked where the beach is located. <br /> Eiden pointed out the location of the beach on the overhead. <br /> Rahn asked if that is private property since the road stops short of the lakeshore. <br /> Curtis indicated the road does stop short of the lakeshore. <br /> Chair Kang closed the public hearing at 7:48 p.m. <br /> Kang stated she understands the concerns of Mr. Eiden but that the piece of property located beyond the <br /> road is private property. <br /> Eiden stated he would like to see the vacated road flip-flopped and commented that everybody believes it <br /> is public land and will probably continue to use it for access to the lake. <br /> Rahn stated it would be a different situation if the road did go down to the lake but the fact that it is <br /> private property makes the request by the applicant a legitimate one. <br /> Eiden stated there is a 1944 court decision regarding a vacation on St. Oliver's Bay where a homeowner <br /> attempted to close off an access,but that he does not have the money to pursue this matter in court. Eiden <br /> indicated he probably will continue to use that area for access even if the road is vacated. <br /> Rice stated in her view it is private property and that the road leads no where except to Mr. Hanson's <br /> property. <br /> Kang indicated in her view the deciding factor is the fact that it is private property. <br /> Kang moved,Rice seconded,to recommend approval of Application#09-3433,Richard Hanson, <br /> 340 Big Island,granting of a lot area variance and vacation of unimproved Meta Comet Avenue <br /> subject to the recommendations of Staff. VOTE: Ayes 5,Nays 0. <br /> (Loren Schoenzeit recuzed himself from the following application) <br /> 5. #09-3435 LOREN AND STACEY SCHOENZEIT,4480 FOREST LAKE LANDING, <br /> VARIANCE,8:02 P.M.—8:35 P.M. <br /> Loren and Stacey Schoenzeit,Applicants,were present. <br /> Page <br /> 11 <br />