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s <br /> � ORONO COUNCIL MEETING HELD FEBRUARY 14 , 1977 Page 35 <br /> � Sidwells have incurred the following expenses in SUBDIVISION <br /> regard to this subdivision: 1375 Park Drive <br /> �pplication fee $ 130.00 �Continued) <br /> Survey, topography <br /> Mylar, Hardshells 959. 00 <br /> Information re: other <br /> a lot owners 100.00 <br /> Abstracts of Title 150.00 <br /> � Sales Commission 2 ,600. 00 <br /> � Total $3, 939.00 <br /> � Of course, these expenses would not be recoverable <br /> , in the event of denial of the subdivision, and the <br /> buyer has no recourse but to recover its costs and <br /> . expenses from Sidwells, including, but not lir.lited <br /> to a fee of over $1, 500. 00 for the architect services. <br /> � Clearly, it would be inequitable to deny the. sub- <br /> division at this time. If it were presented to the <br /> Council for the first time, then Sidwells would <br /> � face no further jeopardy than any other normal <br /> • applicant. But, at this point in time, they have <br /> incurred considerable expense and face further costs • <br /> and a lawsuit. <br /> � In considering the lots themselves, it is evident <br /> hat they are compatible with others in the area. <br /> � The proposed home to be built will be a considerable <br /> asset to the neighborhood. The adjacent land owners <br /> are in favor of this development, and it will arrest <br /> • a concern with respect to erosion on the building lot. <br /> The only object3on is that actions were taken in <br /> the mistaken belief that two sewer assessments existed. <br /> � Although this may be the fact, its discovery was <br /> not based on any misrepresentations made by Sidwells. <br /> � The City had that knowledge at its disposal from <br /> • the beginning of this proposal. If anything, both <br /> parties were mistaken, but Sidwells are potentially <br /> asked to bear the burden of that error. The technical <br /> requirement for the unit charges is important and <br /> � valid, but such a technicality should not stand <br /> in the way of a just and equitable resolution of a <br /> � difficult situation. The Council's concern must <br /> be the overall well being of the community, and <br /> � in this instance that is not served by penalizing <br /> • Sidwells, but by permitting construction of a home <br /> on a lot that clearly conforms with the nature of, <br /> and will be an asset to the neighborhood. <br /> (Continued) <br /> � <br /> � <br />