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,, City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2 9 2 9 A RESOLUTION AMENDING RESOLUTION 12877 THAT AMENDED CONDITION OF APPROVAL OF THE BYFIELD PLAT FILE 1998 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, on April 28, 1986 the City Council granted final plat approval of a two-lot subdivision application of Maureen S. Bellows for a plat known as the Byfield plat; and WHEREAS, on September 24, 1990 the City Council approved Resolution #2877 that agreed to amend an original condition of plat approval that would now allow separate accesses to Lots 1 and 2, Byfield via County Road 146; and WHEREAS, a condition of Resolution #2877 required the owner of Lot 2 to obtain a land alteration permit and provide a grading plan to the City for the purpose of upgrading the existing access to ensure safe use of the access; and WHEREAS, the Council has considered the written comments of a representative of the owner of Lot 1, Byfield and the written comments of the owner of Lot 2, Byfield and the following findings of fact set forth by the Orono staff: 1. On September 24, 1990, the Orono Building and Zon~ng Administrator and City Engineer met at the site to review and determine what type of land alterations would be required of the applicant. It was the opinion of staff that because of the limitation in space between the curb cut at County Road 146 and backout apron adjacent to garage, that filling or raising entrance was impractical. If plantings are maintained at or below 3' height within area bounded by utility pole and traveled road there would be adequate sighting distance at a 40 mile per hour speed. Page 1 of 2