10-11-1999 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 11, 1999 ( #5) #2492 RICKAND GAIL L UZAICH, 2490 OLD BEACH ROAD - VARIANCES • AND CONDITIONAL USE PERMIT- Continued Sansevere said that he would like to see two trees planted in that area also. Kelley said that the applicant would have to replant two maple trees between the 956 and 958 contour as close as possible to the original. He said it is also the Council's opinion that the two maple trees that were cut at the 75' line should be replanted toward the center of the lot. The other Council members agreed with Kelley. Kelley said he thinks the Council members all agree on the variance and the conditional use permit. Kelley asked which items of the proposed resolution need to be changed or added onto. Weinberger said the requirements for replanting will be added to the resolution as part of the conditions. Sansevere asked Barrett what the Council needs to add to protect itself from someone buying the property next week and not having the plan enforced. Barrett recommended that the Council set a deadline within which to get an agreement on the restoration plan as amended. If an agreement is not obtained, to authorize him to commence litigation and to file it against the property. is Kelley suggested Friday, October 22nd. Sansevere asked what would happen if the o«-ner sells the property before accepting the agreement. He asked if the new owner would get the property in the state it is in now and the City could do nothing. Barrett said that to some extent it is a question of whether they would be good faith purchasers or they buy in ignorance of this. He said the violation the City is seeking to remedy occurs by the action of an individual person against whom, and his land, the City can get an order. To say that a subsequent purchaser has liability for those actions is hard to do unless the City could demonstrate actual knowledge. Sansevere asked if the Council should consider filing the litigation now. Moorse suggested that the City put a sign back up so that any potential buyer would see it. Sansevere asked if they would be bound by any legal obligation to do something about it. Barrett said that if they are aware that the property is subject to a dispute about whether it has to be restored, that they would take it subject to that dispute. Page 16