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• MINUTES OF THE ORONO COUNCIL-MEETING OF OCTOBER 10, 1988 ZONING FILE #1333 SIDNEY REBERS CONTINUED could be voted upon and put aside it would help keep the process moving. 1 It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to adopt Resolution #2525. Motion, Ayes =4, Nays =O, Motion passed. #1338 DUANE & CONNIE SCHIBILLA 3235 CRYSTAL BAY ROAD VARIANCES RESOLUTION #2517 The applicants were present for this matter. City Administrator Bernhardson explained that this application involved a request to construct a 241x 26' two - story, two -car garage. This garage would replace a previous garage that was destroyed in the July 1987 "Super Storm ". The main issue involved with this matter is whether a 33' easement in favor of the City of Orono exists on the property. Assistant Planning and Zoning Administrator Gaffron added that the Schibil la's attorney is working to find out whether the easement is a mistake. The City Attorney has examined the records for this property and has determined that the easement could be a mistake. If the Schibilla's attorney determines that the easement exists, the Schibillas would need to go through a Proceeding Subsequent to remove the easement from title. At that time, the City would need to determine whether they were interested in maintaining the easement or if they would prefer to vacate it. The issues regarding the size of the proposed garage and the hardcover still need to be addressed. The staff's recommendations are that any action to approve this application be conditioned upon deferring issuance of a building permit until the easement matter is resolved. Mr. Schibilla stated that it was highly questionable whether the easement exists. He has seen surveys and legal descriptions of adjacent property and the easement does not exist on those properties. Originally, the applicants' property, was two separate parcels. On one description, the easement is indicated, on the second parcel, there is language that allows for the right to create an easement. If the City does have an easement, Mr. Schibilla believed it would only be 33' x 151. The City will have to decide whether or not they want the easement. He wanted the Council to decide that issue immediately so he could commence with the construction of the garage. If there is an easement, and the City decides it does not want to vacate it, Mr. Schibilla would not have another location for his garage. All of the neighboring properties have garages that are located in such a • way that they too would be on the 33' easement. Mayor Grabek asked about the ramifications allowing Mr. Schibilla to build if in fact the easement did exist. Gaffron 18