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CITYof OROXO <br />lyujui <br />RESOLUTION OF THE CITY COUNCIL <br />NO. ----------------- <br />5. <br />1. <br />2. <br />The locaiion of the garage doors with a 10-foot setback from the edge of the planed <br />alley definitively shows that a portion of the driveway needs to be located on <br />the alley to provide access to the garage. A survey of the alley that wai completed <br />in 2002 for a proposed storm water project show s a portion of the driveway for the <br />subject property on the platted alley. <br />, The driveway shown on the planed alley is an appropriate use, as one of the <br />* functions of planed streets a.nd alleys is to provide access to private property <br />within the plat. <br />The driveway on the platted alley does not adversely impact or create an <br />obstruction for public use of the platted alley, as the public can easily Uavcl <br />across the driveway to access the alley. <br />CONCLUSIONS, ORDER ANT) CONDITIONS <br />Based upon one cr more of the findings noted above, the Orono City Council hereby <br />grants approval for the continuation of the use of a portion of the platted alley for <br />driveway access to a garage located on the subject property, at 4051 Highwoed <br />Road subject to the following conditions: <br />The existing driveway can remain in use across the platted alley as long as the <br />existing house and garage remain on the property ’. In the event of future removal of <br />the house and garage for redevelopment of the property, the City reserves the right <br />to terminate the use of the drivev\-ay on the alley and require driveway access &om <br />Highwood Road to serve the property. <br />Maintenance and repair of the driveway are the sole responsibility of the <br />property owner. <br />The sole purpose of City approval of the driveway aaoss the platted alley is to allow <br />access to the subject property wdiich is a legitimate use of a planed alley. City <br />approval of the driveway on the alley expressly does not infer or grant any <br />additional property rights to the subject property over the planed alley. <br />Page 2 of 5