Zoning file - amend subdivision condition

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A RESOLUTION REGARDING ENFORCEMENT OF CONDITION NO. 2 OF RESOLUTION NO. 3346 WHEREAS,on October 11, 1993 the Orono City Council adopted Resolution No. 3346 approving the plat of Wheeler Johnson 1 st Addition; and WHEREAS,Condition No. 2 of Resolution No. 3346 contained language requiring that the access driveway to Lot 2 shall enter Lot 2 no more than 25' north of its southeast corner to avoid encroachment of the approved drainfield sites for Lot 2; and WHEREAS, the owner of Lot 2, Mark Johnson, has requested that the City not enforce this condition if the drainfield sites can successfully be relocated while still meeting all Orono On-Site Sewage Treatment Code requirements; and WHEREAS,the City Council has reviewed the request and finds that the request is reasonable, subject to a number of conditions which are necessary to ensure the City's goals of safe access to property and protection of identified drainfield sites from encroachments which could lead to the premature and costly extension of municipal sewers to the defined rural area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono that Condition 2 of Resolution No. 3346 will be enforced in the following manner: 1. Access to Lot 2 ("4461" Bayside) shall still be from the private driveway located on the adjacent property(4455 Bayside) east of Lot 2,which is also owned by Johnson. 2. This shared driveway shall be formalized via an easement over 4455 Bayside in favor of Lot 2 at the time Johnson sells Lot 2 or no longer owns both properties. 3. Any driveway constructed to serve Lot 2 shall meet a setback of no less than 20' from the approved primary and alternate drainfield sites. Such drainfield sites may be relocated upon provision of proof to the City that site relocation is feasible and meets City code requirements. If the property owner is successful in relocating drainfield sites so that a driveway can be constructed accessing the existing driveway Page 1 of 2