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MINUTES OF THE <br /> , ORONO PLANNING COMMISSION MEETING <br /> Monday,August 15,2011 <br /> � 6:30 o'clock p.m. <br /> Curtis stated this application was discussed with the City Attorney prior to drafting the report and that the <br /> width of the driveway access and the applicant's proposal should not restrict further than the existi.ng <br /> roadway. The paved area does not impede the access for Mr.Puzak and it becomes a private matter and <br /> not a land use issue at that point. <br /> Gaffron noted Puzak does not need any easement over that lot since he is the owner of it. The piece that <br /> is being asked to be�removed is all within the Wingerds' property. The City Attorney stated he has the <br /> right to travel across this particular piece of property and the fire and police department do not feel it is <br /> necessary to widen it any wider than the existing road. Gaffron stated Staff is comfortable requiring <br /> removal of the portion that is within the easement. <br /> Schoenzeit asked whether there are any issues with snow removal. <br /> Gaffron stated Public Works has dealt with plowing this for a number of years. <br /> Wingerd stated when they plow,they push the snow towards the lake. All of this area was class five rock <br /> until approxi.mately three years ago when it was paved. <br /> Chair Schoenzeit opened the public heari.ng at 8:03 p.m. <br /> Frederick Puzak, 1340 Baldur Park Road, stated to clarify the matter of the easement,his easement was <br /> adjudicated as the area depicted in blue on the drawing,which was previously shown on the survey that <br /> was submitted for the construction of their garage. The Benson survey shows the proposed garage and it <br /> also indicates easement per document 2513998,which is shaded in blue. Puzak indicated everyone has <br /> been aware of the easement for quite some time. <br /> Puzak asked why the Wingerds were allowed to build within 93 feet of the lot line. � <br /> Schoenzeit noted it is an existing structure. <br /> Puzak noted it was built in 2005. <br /> Curtis stated it was supposed to be 10 feet but there was no as-build survey required at that time. <br /> Puzak displayed the City's minimum driveway standards. For a side loading garage,it requires a <br /> minimum 20 feet. Puzak indicated it is his understanding there is an additional five foot setback required <br /> for hardcover,which would have required a 25-foot setback,which for some reason did not occur. <br /> Schoenzeit stated the purpose of tonight's hearing is for the Planning Commission to look at options to <br /> help the Wingerds gain access to their garage <br /> Puzak stated there were a number of factual inaccuracies in Mr. Wingerd's sta.tements that he could rebut, <br /> but that he would propose that Baldur Park Road be extended over Lot 21. The new owners have <br /> indicated they would like to sell their property. The new owners could pick up the balance of Lot 21 and <br /> Lot 22,thus creati.ng a legally conforming half acre lot in the LR-1 C zoning district. By extendi.ng the <br /> road in such a manner,the City would also have a place to push the snow on the west side of the road. <br /> The new owner of Lot 20 could own everything to the east. This would be a win/win situation.. Mr. <br /> Page <br /> 16 <br />