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� <br /> � ORONO COUNCIL MEETIPIG HELD FEBRUARY 14, 1977 Page 34 <br /> f The r.►inutes of the Planning Commission meeting dated SUBDIVISION <br /> December 20, 1976, state it is a final consideration. 1375 Park Drive <br /> A motion was made to deny approval because the area (Continued) <br /> and frontage considerations which formed part of the <br /> basis for prior approval were inapplicable to this <br /> new subdivision. That motion failed. �he motion <br /> for final approval was passed for the following <br /> � reasons: the proposed lots were consistent with <br /> the neighborhood, the applicant was led to believe <br /> � that preliminary approval assured final approval <br /> • and went to additional time and expense of mylars <br /> and hardshells, and two sewer assessments were <br /> � charged. The Commission once more directed payment <br /> of park dedication fee and receipt of the engineer' s <br /> � approval of house location and drainage. The <br /> existence of two sewer assessments .is one consider- <br /> � ation among several reasons for passage. The most <br /> important consideration, consistency of the <br /> � neighborhood, still existed. <br /> � At the Council meeting of January 10 , 1977, a <br /> � motion was made to deny approval of the sub- <br /> division based on the misapplication of the 80� <br /> � requirement. That motion failed. Evidently� it <br /> did not feel this requirement was crucial in this <br /> instance. Final approval was passed by a four to <br /> • zero vote, based on the following reasons; the <br /> lots are compatible with others in the vicinity, the <br /> � 2lanning Commission felt the applicant was led to <br /> believe preliminary approval assured final approval <br /> ' and, therefore, invested in the costly mylar and <br /> hardshells as required, and two sewer unit charges. <br /> � Except for the two unit charges, the Council again <br /> based its decision on consistency with the neighbor- <br /> � hood, and now upon Sidwells ' reliance prior approvals. <br /> + The existence of two sewer unit charges has always <br /> been a fact exclusively in the posseesion of the City. <br /> � Sidwells have not deceived the City in any manner, <br /> on the contrary, from the beginning of their trans- <br /> actions with the City they have cooperated and been <br /> entirely candid with its officials and elected bodies. <br /> Certainly, there has not been any circumvention of <br /> a ordinances, nor has there been an attempt to use <br /> technicalities to force their will, Sidwells have <br /> . always stood ready to comply with the requirements <br /> directed by the Commission and Council. <br /> � In reliance on the consistent passage of this sub- <br /> � division, Sidwells sold both the lot with the home <br /> and the vacant lot. The purchaser of the vacant lot <br /> � has sold his home in the belief that a buildable <br /> lot was ready for their construction, and in anti- <br /> cipation of that, they retained the services of an <br /> �rchitectural firm to draw plans for a house to <br /> cost approximately $100,000. Those plans have been <br /> � examined and been found satisfactory by the City. (Continued� <br /> � <br /> � <br />