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ET\HI3IT 3 <br />Option A <br />A RBSOLOTION AMENDING RBSOLOTION #2652, <br />A CONDITIONAL USB PERMIT APPROVING A <br />PLANNED RESIDENTIAL DEVELOPMENT <br />KNONN AS SOGARWOODS <br />WHEREAS, Resolution #2652 dated July 10, 1989 and <br />approved by the City Council of the City of Orono (hereinafter <br />"Council") granted to Rebers Construction Company a conditional <br />use permit pursuant to Municipal Zoning Code .Section 10.20, <br />Subdivision 3 (H) for a Planned Residential Development known as <br />"Sugarwoods"; and <br />WHEREAS, Condition #1(F) on page 5 of resolution 2652 <br />reads as follows: <br />"F. The applicant has created a "no grading" <br />zone/woodlands protection area within the private open <br />space outlets (namely Outlets A and B) and the setback <br />areas defined within each building lot. Within those <br />areas no future owner will be allowed to remove trees <br />in excess of 2" in diameter at 4' above grade. No <br />grading is allowed within the protected areas. <br />However, each residential lot may include one driveway <br />up to "So* wide, leading to the ^oop road. Th_is <br />driveway may be graded and trees of any size may be <br />removed to build it. The subdivider’s agreement should <br />also define the protected areas such as the setback <br />area of each lot and the private open space outlets" <br />(hereinafter "condition"); and <br />WHEREAS, the Council has found that the strict <br />enforcement of this condition is not practical nor workable when <br />one or more of the following site conditions requires placement <br />of a portion or the entire house at the front street setback <br />line: <br />- Driveway within front street yard is curved rather <br />than in a straight alignment from loop road in order to <br />minimize tree removal or minimize land alterations by <br />adapting to existing topography. <br />Page 1 of 4