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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />No /ti) . <br />b. Due to limited space on the parcel where the home is situated and in <br />order to serve the property with private sewer the drainfield must be <br />located on the inland property. <br />4. The City Council has considered this application including the findings <br />and recommendation of the Planning Commission, reports by City staff, <br />comments by the applicant and the public, and the effect of the proposed <br />conditional use permit on the health, safety and welfare of the community. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants a conditional use permit per Orono Municipal Zoning Code Section 78-567 to <br />allow construction of a private sewer line through platted public right-of-way, subject to <br />the following conditions: <br />1. Council approval is based on the plan submitted by the applicant and annotated by <br />City staff, attached to this Resolution as Exhibits A and B. Any amendments to <br />the plan which are not in conformity with City codes will require further Planning <br />Commission and City Council review. <br />2. The applicant acknowledges that placement of septic system connection pipes <br />within the right-of-way is at their own risk. The system should be constructed so <br />as to minimize the possibility of damage by vehicular traffic on the right-of-way. <br />3. Applicant shall, prior to placement of improvements within the right-of-way, <br />execute a hold harmless agreement which releases, indemnifies and holds <br />harmless the City and the public from any and all claims or causes of action <br />arising out of the use or alteration of the platted right-of-way by applicant or their <br />invitees. <br />4. Authorities granted by this resolution run with the property not with the applicant, <br />but are permissive only and must be exercised by obtaining a building permit for. <br />the new construction within one year of the date of Council approval, or the <br />conditional use permit will expire on that date (September 22, 2004). <br />Page 2 of 5