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5. The location of the garage doors with a 10-foot setback from the edge of the platted <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 was completed <br />2002 for a proposed storm water project shows a portion of the driveway for the <br />subject property on the platted alley <br />6. The driveway shown on the platted alley is an appropriate use as one of the <br />functions of platted streets and alleys is to provide access to private property <br />within the plat. <br />7. 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 travel <br />across the driveway to access the alley <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or 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 Highwood <br />Road subject to the following conditions: <br />1. 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 Cit>- reserves the right <br />to terminate tlie use of the driveway on the alley and require driveway access from <br />Highwood Road to serve the property. <br />2. Maintenance and repair of the driveway are the sole responsibility of the <br />property owner. <br />3. The sole purpose of City approval of the driveway across the platted alley is to allow <br />access to the subject property which is a legitimate use of a platted 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 platted alley. <br />Page 2 of 4