11-18-1996 Planning Commission Minutes

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• ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 18, 1996 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Dale Lindquist, Janice Berg, Elizabeth Hawn, William Stoddard, Lili McMillan, and Sandra Smith, who arrived late in the meeting. Charles Schroeder was absent. The following represented the City Staff: Building and Zoning Administrator Jeanne Mabusth, Assistant Zoning and Planning Administrator Michael Gaffron, and Recorder Sherry Frost. Mayor Callahan and Council Members Goetten and Jabbour were present. Chair Lindquist called the meeting to order at 7:00 p.m. SCHEDULED PUBLIC HEARINGS/PUBLIC INFORMATION REVIEWS ( #1) A. #2197 JOHN O'SULLIVAN AND NORTH CENTRAL CBA, INC., 2384 SHADYWOOD ROAD - STREET VACATION 7:30 -8:18 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The applicant, John O'Sullivan, was present along with contractor, Rob Thompson. Gaffron passed out additional letters received regarding this application. He reported that the application was to complete the vacation of Navarre Lane that begun last spring with • the vacation of a 33' portion adjacent to the Culver's Restaurant site. Now under consideration is the remaining 33' and area to the north to Olive Avenue. He noted that when the original vacation was being considered, the Council asked Staff to have the applicant consider a possible trail. A portion of the grading plan was approved with the prior vacation. Gaffron reviewed the code and State statutes that relate to a vacation. The findings required to be met for the vacation include the following: 1) The vacation is to be in keeping with the public interest, 2) the vacation cannot affect the access to or use of any adjoining property, 3) the City is not and does not intend to develop, improve or use the dedicated right -of -way as a road except for utilities and access purposes, and 4) the unimproved dedicated right -of -way as it exists serves no public purpose. Gaffron reported that Staff has identified five public purposes served by the existing right - of -way proposed to be vacated: 1) City sewer lines, 2) City water lines, 3) US West telephone lines, 4) Minnegasco gas lines, and 5) potential pedestrian/bike access between Olive Avenue and the County Road 1.5/19 intersection. Gaffron noted that the first four purposes could be served through an easement. A letter from Minnegasco stated they were willing to allow the vacation with an easement for the utility.