12-13-1999 Council Packet - Laserfiche WebLink

Home Browse Search

8.Granting such credit is reasonable given the impact of this taking on the developabiiity of the property. Further, because the credit that would be granted for each newly created 5-acre building site would be approximately 1/4 acre or less, the new lots would have 95% of their area outside the easement, and this 5% "variance" has little impact on the future use of each 5-acre lot, as compared to the major impact if 1/4 acre of a 1 acre or 1/2 acre lot was in right- of-way. 9.The granting of this credit is unique to to this property because it involves the settlement of litigation in regards to a right-of-way condemnation, which is not the case in most other properties in this or other zoning districts in Orono. CONCLUSION, STATEMENT OF INTENT AND CONDITIONS NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby declares its intent as follows: 1.The City Council intends to enter into a formal agreement with the Hannings and their heirs, successors and assigns, which agreement will incorporate the following: a.A future subdivision of the property undertaken while the 5-acre minimum lot size is applicable to the property, shall be granted dry buildable area credit for the dry buildable land taken through condemnation for County highway construction purposes. b.The dry-buildable area creditable toward a future lot shall be an amount equal to the dry-bui!dable area of taken right-of-way that directly abuts said future lot and that lies dircctlv between Co. Rd. 6 and said lot. The intent of this agreement is that the property ow ners w ill be in no better and no worse of a position for accomplishing a reasonable subdivision of their property than they were prior to the right-of-way taking. Page 3 of 4