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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />4 0 ·~ !¥ NO. ,e, )! ·r <br />A RESOLUTION REGARDING <br />ENFORCEMENT OF CONDITION NO. 2 <br />OF RESOLUTION NO. 3346 <br />WHEREAS, on October 11, 1993 the Orono City Council adopted Resolution No. <br />3346 approving the plat of Wheeler Johnson 1st Addition; and <br />WHEREAS, Condition No. 2 of Resolution No. 3346 contained language requiring <br />that the access driveway to Lot 2 shall enter Lot 2 no more than 25' north of its southeast comer to <br />avoid encroachment of the approved drainfield sites for Lot 2; and <br />WHEREAS, the owner of Lot 2, Mark Johnson, has requested that the City not <br />enforce this condition if the drainfield sites can successfully be relocated while still meeting all <br />Orono On-Site Sewage Treatment Code requirements; and <br />WHEREAS, the City Council has reviewed the request and finds that the request is <br />reasonable, subject to a number of conditions which are necessary to ensure the City's goals of safe <br />access to property and protection of identified drainfield sites from encroachments which could lead <br />to the premature and costly extension of municipal sewers to the defined rural area. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of <br />Orono that Condition 2 of Resolution No. 3346 will be enforced in the following manner: <br />1. Access to Lot 2 (" 4461" Bayside) shall still be from the private driveway located on <br />the adjacent property (4455 Bayside) east of Lot 2, which is also owned by Johnson. <br />2. This shared driveway shall be formalized via an easement over 4455 Bayside in favor <br />of Lot 2 at the time Johnson sells Lot 2 or no longer owns both properties. <br />3. Any driveway constructed to serve Lot 2 shall meet a setback of no less than 20' from <br />the approved primary and alternate drainfield sites. Such drainfield sites may be <br />relocated upon provision of proof to the City that site relocation is feasible and <br />meets City code requirements. If the property owner is successful in relocating <br />drainfield sites so that a driveway can be constructed accessing the existing driveway <br />Page 1 of 2