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Resolution 1247
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Resolution 0001-7547
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Reso 1200 - 1299 (September 15, 1980 - July 27, 1981)
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Resolution 1247
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11/12/2015 12:01:22 PM
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• <br /> l Cit� of ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> � NO. 1247 <br /> 3� <br /> 19. Sec� on 39. 100 of the Orono Platting Code pertaining to the design of <br /> streets provides that minor residential streets have a right of way of 50 <br /> feet wide and be terminated in a cul-de-sac not less than 100 feet in <br /> diameter. Approval of the Hepp application would first require approval <br /> of variances from the performance standards of Section 39 . 100 as follows : <br /> a) The proposed driveway easement is only 20 feet wide, not 50 <br /> feet as required. <br /> b) The proposed driveway easement does not terminate in a cul-de-sac <br /> but instead dead-ends abruptly at proposed Lot l . <br /> c) There has been no plan submitted and there is apparently <br /> insufficient land area available in Lot 9 to provide for <br /> a 50 ft. wide right of way and 100 ft. diameter cul-de-sac <br /> in addition to the desired two residential lots. <br /> 20 . Section 31 . 220 of the Orono Zoning Code States : <br /> � Lots to Face Streets . Each lot shall face on a public street <br /> or appropriate private easement. <br /> This section is intended to provide a means for utilizing existing lots of <br /> record which may have been land-lo�ked by unplanned subdivisions occurring <br /> prior to the adoption of the Platting Code. The more restrictive provisions <br /> of Section 39 . 140 (3) are intended to apply to newly subdivided properties <br /> so as to ensure logical subdivision of properties in conformance with the <br /> intent of Section 39 . 010 . Even if Section 31 . 220 were to apply to the <br /> Hepp application, the council hereby finds that the proposed driveway <br /> easement intended to serve Lot 1 is not an "appropriate" easement because <br /> its location has the adverse effect of splitting proposed Lot 2 into two <br /> substandard parcels in violation of the standards setout in Section 31 . 204 . <br /> Therefore approval of the Hepp application would first require approval of <br /> a variance to Section 31 . 220 because said easement is not "appropriate" <br /> as required therein. <br /> 21 . The Planning Commission on November 17 , 1980 recommended approval of <br /> the Hepp application pursuant to Exhibit A making the following findings : <br /> a) adequate area for two lot subdivision in the LR-1B Zoning <br /> District Lot 1 - 1 .6 acres; Lot 2 - 1 acre <br /> b) sufficient sewer and water capacity for Lot 2 <br /> c) adequate area of public street providing access for three <br /> lots based on following hardships : <br /> � 1 . cul-de-sac lot has limited frontage on public street <br /> 2 . city encouraged third user of access by creating <br /> access easement for Hannah Lot - the repercussions <br /> of agreeing to this easement were not made clear to <br /> original owner and future buyer (Hepp) . <br /> PAGE_LOF 11 <br />
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