10-10-1988 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988 • ZONING FILE #1338 SCHIBILLA CONTINUED stated that the City Attorney had advised against the City allowing a structure on a public easement. City Attorney Barrett added that. the City would have to abandon the easement. Grabek asked about the easement extending on the properties to the east of the Schibillas'. Gaffron stated that the existence of the easement on neighboring properties appeared sporadically. Grabek asked how that would affect the City. Barrett stated that the City would need to condemn the property where the easement did not exist in order to make the easement continuous and accessible. Mayor Grabek inquired whether it would be in the City's interest to keep the easement since it is sporadic? Mayor Grabek asked if the Schibi 1 la's previous garage was located in the same place? Gaffron answered in the affirmative. Grabek asked if the proposed garage would be in line with the neighboring garages? Gaffron replied that it would, and added that all of the garages are accessed by the gravel road within the railroad property. i Councilmember Callahan observed that should Crystal Bay Road be closed and the Railroad not grant an easement to the property owners, the City may need to retain the 33' public easement. Councilmember Goetten stated that she had the same concern. Mr. Schibilla stated that allowing him to build a garage would not mean that the City was giving up its easement. City Attorney Barrett said there would be the question of whether allowing the construction of the garage would mean the City was abandonning the easement. He suggested that there may be a document that could be drafted to address that. Mayor Grabek asked Mr. Schibilla if he intended to build his garage yet this year? Mr. Schibilla stated that he was ready to go. Councilmember Goetten reiterated her concern over the lack of accessibility,. should Crystal Bay Road be closed. Councilmember Callahan suggested the possibility of a lease agreement that would require razing the garage if a determination were made that the easement did in fact exist. City Attorney Barrett said that the problem is that allowing the construction to take -place, without determining whether the easement exists would mean the City would have to abandon it rights. Mayor Grabek inquired as to how the City could enter into a lease if ownership was not certain. Councilmember Callahan stated that the lease would be a written indication that if the easement did exist, the City did not intend to abandon it. The lease would provide the stipulation that if the easement did exist and the City decided to put a road through in that area, Mr. Schibilla would tear down his garage. City Administrator Bernhardson suggested another alternative, which would be building the garage just off of the easement. There is no required setback from the easement. • However, the topography may be a problem and there would be an increase in hardcover. Mrs. Schibilla added that it would also 19