06/21/2010 Planning Commission Minutes

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� � t MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 21,2010 6:30 o'clock p.m. � (#10-3470 STEPHEN&PAMELA WII,SON,3508 IVY PLACE,CONTINUED) not want to be required to remove those items since it would make it difficult for the owners to sell the property. The owners are also agreeable to a drainage agreement. The public would still be able to access the lake the same way as in the past. Wilson stated she has resided in the property since 1982 and that the use by the public has essentially remained the same. Kang asked if there are any drainage issues. Wilson indicated there are not and that the new culvert has helped with the drainage. Rock has also been added to help divert the runoff. Wilson commented she would like the property to remain the same. Feuss stated the applicant has indicated a willingness to negotiate an encroachment agreement and that perhaps that avenue should be pursued first. . Kelly stated the 2010 agreement is not the same as the one proposed in 1981 and that they would like to meet somewhere in the middle. Kelly submitted some color photocopies of the property. Turner stated Staff was looking for removal of the areas that did not exist in 1981,which include the wall, the patio, and the trash enclosure. The retaining wall was in existence in 1981. Wilson noted there have always been some steps going down to the lake. Schoenzeit asked if the proposed encroachment agreement says that the improvements within the City's right-of-way are at the property owner's risk. Turner indicated that is correct. Turner stated it would not be necessary to include the driveway in the encroachment agreement since access to the property across the City's right-of-way is a permissible use. ' Chair Kang opened the public hearing,at 7:17 p.m. , Kathy Wright, 3287 Casco Circle, stated she wanted to get some additional information regarding the application. Since they moved out to Casco Circle,they were told that you could access the lake,but pointed out that the property owners attempt to make the public access points hidden. Wright indicated she did not have any idea what was being discussed in this application,which prompted her to attend tonight's meeting. Paul Larson, 3865 Shoreline Drive,indicated he lived at 3225 Casco Circle for seven years. Larson noted s he is one of the real estate agents on this property. If you look at the survey,you can see that the entire city street is encroaching on the property across the road. The street is very narrow and elimination of off-street parking does not make sense since it would create a safety hazard. The 2010 encroachment agreement requires the removal of the concrete steps,the patio,and the trash enclosure. This is a walkout rambler and is in need of improvement. � Page 7