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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 21 (6. PERMIT NO. 2012-00168 - SCOTT STANDA – 3025 CASCO POINT ROAD, SURVEY REQUIREMENTS, Continued) Staff is unclear as to how Mr. Standa is proposing to expand the driveway. There is approximately a 2 to 3-foot grade difference between the driveway and the Seidel’s home, which may necessitate the installation of a short retaining wall or grading outside of the 12-foot driveway easement. In order to properly review the Standas’ request, additional information must be shown on the survey. This will allow Staff to review the complete proposal and assure that the project will not adversely affect any of the properties adjacent and/or involved. Scott Standa, 3025 Casco Point Road, stated he requires a driveway and that he cannot get to Casco Point Road due to the alterations that are being forced on him. Standa stated he is not going to put up with something that looks crummy and the entire project will take one day. Standa stated the house to the north is above his property and his property is above the house to the south. Everything drains over to the Dennis’s. The Dennis’s backyard is below lake level and that is where all the water goes. Standa indicated two years ago there was approximately 90 inches of snow and he did not have any problems with drainage and the house to the south had no problems as well. In addition, the house to the south has a sump pump to keep their basement dry. Standa reiterated he has to do this project. Reason and negotiation did not work and he is being forced to do this project. He has lived in this house for nine years. These three properties were divided up in 1956 and have been sitting in approximately the same condition with the exception of one house that was replaced in 2004. Standa stated when he went to get his new survey through the Gronberg agency, he was told those lot lines have been off forever. People have lived with this. The new neighbor has chosen not to, which is his right under Torrens law. Standa indicated he has to move a very small area as part of this project and that he does not think anything can stop him from getting to Casco Point Road because his easement is Torrens. Standa stated in 2004, when the neighbor moved, they built and improved upon his easement. Standa indicated the City of Orono approved a site plan to build upon his easement, which needs to be overturned. Standa commented he does not want to do that but he has no choice. He will not do any damage to the Seidel property. Standa stated he does not feel he should have to go through all kind of drainage issues since he or his neighbors have never had any problem with drainage in the past. Standa noted his neighbors are here to provide comment. Dan Seidel, 3015 Casco Point Road, stated they are here tonight because they have to sign off on a permit since they technically own the easement. Seidel stated in his opinion they did not build on the easement. If you look at the survey from the City, it looks like the driveway is still there and you can see a little bit of the pavement, which is what it actually is and where they built. Everything was fine until the new neighbor moved in and decided to do a new survey. Now that neighbor is saying his lot line is farther over by approximately six feet. Seidel indicated he is not sure what happened with the survey and that he is not sure if the Halpren’s have obtained a permit yet to do their project. Seidel noted no one has shown him that his survey is wrong and that in his mind the Halpren’s will be tearing up his property to do his property. Item #03 - CC Agenda - 03/11/2013 Approval of Council Minutes 02/25/2013 [Page 7 of 21]