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,: :. ., . . .. _ ��,�w_�.�. .� ... . __.,....�..z_� Y...�.�_._... �,_....r �__ ___ .v.:.Jr..:�—��ux�.i ndm:C'viik�k�.u:�t�i:fs.:cn:�r+..'v.uk:v_3ncei.u.:c.._.iri..�.-+�i.�Ja,.:._xi:Y:� — . . j:u . t ' �^ • � � � ' � ti ' . �1 � �s�-� Clt� o� ORONO . � �� : r_,�. � . �(�� RESOWTION OF THE CITY COUNCIL . � `,,� NO. 2679 � � � • .�, , :� �'c WHEREAS, on July 24, 1989 the Orono City Council denied '. a proposed lot area variance and subdivision of the property and adopted Resolution #2667 which makes findings of fact regarding the subdivision denial; and WHEREAS, the City Council of Orono makes the following . additional findings of fact regarding the previously paid sewer assessments for the property: 1. The property was assessed for two sewer units and was assessed a front footage charge for the entire property. 2. The property owner faithfully paid the assessments with :: the full expectation that at some future date he would have R the benefit of an available sewer stub for a second dwelling unit on the property. � 3. A second dwelling unit never existed on the property and • the property owner never made use of that second sewer stub. 4. Upon denial of the subdivision to allow construction of a second dwelling unit, the City Council recognizes that the property owner can reaiize no substantial benefit from the existence of the second sewer stub for which he has been fully assessed. 5. If only one sewer stub had been provided and only one � sewer unit had been assessed originally, the City would still have assessed the property for the entire front footage of 214.25 feet, henCe the footage portion of the original assessments is considered to have benefitted the property and is not eligible for refund. NOW, THEREFORE BE IT RESOLVED that based on the above findings, the Orono City Council hereby authorizes a refund of principal and interest the second sewer unit assessment previously paid by Earl Norwood for property located at 1360 Vine Place, in the amount of $3,561.94, which refund includes the original principal amount plus interest since the date of assess- ment. Further be it resolved, that the City Council directs City staff to file this resoiution against the chain of title of the property, in order that future property owners be aware that a second sewer unit is no longer available to serve the property. • Page 2 of 3 ,