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� <br /> . ORONO COUNCIL MEETING HELD FEBRUARY 14, 1977 Page 33 <br /> � Chairman Hannah stated that the Planning Comr.►ission SUBDIVISION <br /> recognized their problem; however, it is the feeling 1375 Park Drive <br /> �f the Planning Commission that there is no guarantee (Continued) <br /> on anything until the mylars and hardshells are . <br /> signed and a resolution is adopted. <br /> � After some discussion, a motion was made to deny <br /> � this final subdivision because it is a new sub- <br /> division and does not meet 100$ of the ordinance. <br /> � The motion failed for lack of a second. <br /> �' Zoning Administrator informed the Planning Commission <br /> � and 1`4r. Sidwell that he had misinformed the Sidwells <br /> concerning payment of the sewer assessment should <br /> � this subdivision be approved. He was instructed <br /> to advise Mr. Sidwell that the sewer assessment <br /> � would not be $1,495 as quoted, but rather would <br /> be subject to the same rate as the sewer assessments <br /> � for the 73-1 projeet. <br /> � Motion was then made to recommend approval on the <br /> � basis that the property is consistent with the <br /> neighborhood, prior approval had been granted, <br /> and the time and money that have been involved. <br /> Motion failed, Ayes (1) - Nays (2) , Abstention (1) . <br /> � Council Meeting - February 14, 1977 <br /> ir. Clause M. Loewenthal, Sidwell's attorney, <br /> � entered into the record the following statement: <br /> � James and Lynn Sidwell (Sidwells) purchased the <br /> property located at 1375 Park Dr�ve in 1971. In <br /> � 1976 , they applied for a subdivision based on a plan <br /> that provided for two lot� of 100 feet frontage, and <br /> � over 80� of the area requirement. This division was <br /> + proposed after consultation with City officials. <br /> At the Planning Commission meeting of June 8, 1976, <br /> � after public hearing, the proposed subdivision was <br /> • approved. Approval was based on the fact that the <br /> lot area met 80$ of the requirement and the width <br /> � was similar to existing lots in the area. (Mr. <br /> Sidwell had presented a report that established <br /> � that 52 out of 64 lots on which there was a home on <br /> the lake had less than 100 feet frontage. ) It is <br /> � to be noted that the issue of whether there were <br /> two sewer assessments concerning this property was <br /> � not raised and passage was based on substantial <br /> • conformance with local ordinances, and compatibility <br /> and consistency with existing lots in the area. <br /> � At the Council meeting of June 14, 1976 , a motion <br /> • to deny the subdivision was defeated, and a motion <br /> to approve, subject to engineer approval of drainage, <br /> � �lacer,ient of the house, and payment of park dedication <br /> fee was passed. The minutes do not reflect consideration <br /> � of sewer assessments. After this meeting, Sidwells - <br /> had mylars and hardshells prepared, and attempted <br /> � to pay the park dedication fee. (Continued) <br /> � <br />