02-26-2001 Council Minutes - Laserfiche WebLink

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• MINUTES OF THE ORONO CITY COUNCIL MEETING February 26, 2001 ( #2550 Charles Van Eeckhout, Continued) Moorse commented it was his understanding the Applicant appeared at that Planning Commission meeting with a new plan. The Planning Commission indicated at that time that they were dealing with the application before them and would not be agreeable to reviewing a new plan being presented that evening. Van Eeckhout stated he requested the Planning Commission to give some input into a plan that involved five lots as well as one that involved four lots, and requested the City grant him access off of Brown Road. Sansevere inquired what stage the arbitration is at with John Dunn. Van Eeckhout stated the offer to go through with arbitration is still a valid one. Van Eeckhout stated Dunn did agree to go through arbitration in December after the Council had agreed to preliminarily approve his application. In January, following the Council's decision not to support the application, Dunn changed his mind and refused to discuss arbitration. Van Eeckhout stated Dunn is now demanding a large sum of money for this small strip of land. Sansevere indicated, without access, the Applicant does not have a subdivision. Mayor Peterson commented she is confused about the number of lots in the subdivision that they • are discussing. Van Eeckhout stated what is before the Council at this time is a seven lot subdivision. Van Eeckhout stated if the Council will grant access for three lots off of Brown Road, he will bring back a proposal designed that way. Sansevere inquired whether the Applicant can get three lots in there the way it is structured. Tom Barrett, City Attorney, stated this is clearly not going to be a public road with the easement, which is one of the things that the City has tried to establish for any of these subdivisions. Barrett stated it is going to be defined as a driveway. Sansevere inquired whether the Applicant would like this application extended. Van Eeckhout stated he would like it resolved. Sansevere moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4611, a Resolution Denying Preliminary Plat for Property Located at 120 Brown Road South. Van Eeckhout requested the Council discuss the grounds for denial. Van Eeckhout stated he does not find any grounds for denial here. Sansevere stated in his view access should be off Brown Road. Mayor Peterson stated in her opinion access should be off of Brown Road also. is Van Eeckhout questioned whether that was legal grounds for denial. PAGE 11