04-26-1999 Council Packet - Laserfiche WebLink

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dock to serve all six existing dwelling units; and Outlot B over the dredged lagoon area, to be deeded to the City of Orono for the benefit of the public; and WHEREAS, City Council Resolution No. 1058 adopted August 14,1979 approving the plat of Navarre Cove, contained findings and conditions of approval including the dedication of a wetland easement adjacent to the lagoon; platting of Outlot A to be owned and maintained by the Navarre Cove Homeowners Association (Lots 1-2-3), and use of Outlot A for joint use dock purposes subject to annual license and limited to one slip per dwelling unit; and creation of a walking easement over Lots 2 and 3 in favor of Lots 1 and 2 for continued access to Outlot A for the owners of Lots 1 and 2; and WHEREAS, in 1984 Lots 1 and 2, Navarre Cove, were replatted as Kelly Cove, creating 4 individual building pad lots to allow individual ownership of each dwelling unit within the duplex buildings, and creating a commons outlot (Outlot A, Navarre Cove) from the remainder of said Lots 1 and 2; and WHEREAS, City Council Resolution No. 1621 adopted April 23,1984 approving the plat of Kelly Cove contained findings and conditions of approval, including creation of private covenants to assure the continued upkeep and maintenance of shared improvements in Outlot A, Kelly Cove; establishing that no docks may be constructed on Outlot A, Kelly Cove; and establishing that all conditions of Resolution No. 1058 shall continue in effect, including the wetland easement, the walking easements, and the use of Outlot A, Navarre Cove for joint use dock purposes; and WHEREAS, on June 11, 1998, KCHA made formal application to the City of Orono for approval to construct a new 4-slip joint use dock extending from Outlot A, Kelly Cove into the lagoon (Outlot B, Navarre Cove), to serve only the 4 dwelling units contained on Lots 1 through 4, Kelly Cove; the intent of KCHA being to separate itself from Lot 3 and Outlot A, Navarre Cove. The basis for said request was in part because the duplex on Lot 3, Navarre Cove had been demolished and the owner of Lot 3, Navarre Cove, while having received approval to construct a new duplex on Lot 3, wished to preser\ e the ability to construct a single family dwelling or a duplex on Lot 3 without the burden of the joint dock on Outlot A, Navarre Cove; and WHEREAS, pursuant to published and mailed notice to all owners of property' abutting the lagoon, Orono City Council held a public hearing on July 27, 1998, at which time all members of the public wishing to address the Council on this matter were heard; and Page 2 of 9