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ORONO CITY COUNCIL MEETING <br />MINUTES FOR DECEMBER 13,1999 <br />(U9) mSO CHARLES VAN EECKHOUT, 120 BROWN ROAD SOUTH - Continued <br />Council. The Planning Commission was prepared to table this application as there was a <br />lengthy list of issues to be resolved regarding this property. <br />Weinberger said the application requires the following approvals: <br />1. A conditional use permit for a Planned Residential Development. <br />2. Road width variance and a variance to allow the road to be developed at less than the <br />minimum requirements. <br />Kelley said he would have a hard time approving this when the Planning Commission has <br />voted 7 to 0 to deny the application. He would like to see what the rest of the Council <br />members feel before Weinberger proceeds with the staff report. <br />Sansevere asked Mr. Van Eeckhout if he has received any information from Mr. Dunn that he <br />will sign the plat documents. <br />Van Eeckhout said tnat Mr. Dunn has not signed the access documents. Van Eeckhout said <br />his attorney has told him that he has all the legal access that he needs. He suggested that the <br />City Attorney and his attorney work out the access question. <br />Sansevere said he would not be comfortable moving forward unless it was clarifie-i. <br />Van Eeckhout said it is clarified and that he has an absolute ability to access this property <br />adequately. The worst circumstance would be a condemnation which the City has the <br />authority to do. He said the City approved this access to serve this property and he bought it <br />under those circumstances. He feels this is a legal issue, not a planning issue. <br />Jabbour said Van Eeckhout should expect the elected officials to be very up front with him. <br />He said the Council members are uncomfortable acting on this application. Jabbour said there <br />is a difference between having an access to several homes versus a private easement for one <br />home. <br />Flint asked if access could be from the north for lots I, 2,3 & 4. <br />Van Eeckhout said it was the general consensus on the part of City staff and his marketing <br />people that access from the north would not make as nice of a community, but it isn’t <br />impossible. <br />Flint said that perhaps some of the problems with the 30 percent inclines resulted because of <br />the direction of the access. <br />Van Eeckhout said this application has had some dark shadows cast over it from day one. One <br />of those shadows are the 30 and 40 percent grades. He said they are strictly fictitious and <br />Page 29