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MINUTES OF THE REGULAR ORONO COUNCIL MEETING IM MAY 9, 1986 <br />i1218 ESTATE OF RUTS SMITH <br />387 ON = ORCHARD ROAD <br />SUBDIVISION <br />REBOLOTION i2421 <br />Attorney John Rrenn was present representing the Estate <br />of Ruth Smith. <br />Councilmember Callahan removed himself from the Council <br />for this matter due to his direct interest in the <br />application. <br />City Administrator Bernhardson explained the status of <br />the two lot plat application. All issues have been <br />resolved except for the septic matter which was the <br />basis of the Planning Commission's recommendation of <br />denial. Mr. Dettloff has indicated, through a letter <br />from his attorney, that he would relocate the septic <br />system if it is found to be encroaching upon the lot <br />line or setback. Staff recommends preliminary <br />subdivision approval subject to this condition and <br />subject to resolve of the classification of soils type <br />of the designated wetland prior to final plat approval; <br />and subject to advising the future owner of Lot 2 that <br />legal access must be obtained via an adjacent property <br />if subdivided. <br />Zoning Administrator Mabusth noted two changes to the <br />drafted resolution as follows: <br />1. Replacing Edward J. Callahan, Jr. as the <br />authorized agent of the estate with Winston R. <br />Lindberg as personal representative of the estate. <br />2. Amend Condition #3 (last sentance) as follows: A <br />future access corridor must be provided. Access <br />cannot be provided via the designated wetland in Lot <br />2. <br />Councilmember Goetten questioned if anything was <br />required to make this subdivision legal after -the -fact? <br />City Attorney Barrett explained that in order to sell <br />this property, a subdivision is required so that it can <br />be recorded, of which subdivision requires City <br />approval, which will then solve the problem. <br />Zoning Administrator Mabusth confirmed that the owner of <br />Lot 1 has no problem with the access serving the <br />existing residence in Lot 2 as proposed. <br />It was moved by Councilmember Goetten, seconded by <br />Councilmember Peterson, to adopt Resolution #2421 <br />granting preliminary subdivision approval as amended. <br />Motion, Ayes 4, Nayv 0. <br />5 <br />