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02-23-1978 Council Minutes
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02-23-1978 Council Minutes
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REGULAR P�IEETING OF THE ORONO COUNCIL, FEBRUARY 23 , 1978 Page 15 <br /> SUBDIVISION <br /> 3024 Casco Point Road <br /> (Continued) <br /> Pursuant to your offer, I reviewed the file at the <br /> Orono City offices on this "subdivision" yesterday. I note <br /> that N�r. Braun' s "simple subdivision" was first approved by <br /> the Orono Planning Co�r�rnission March 17, 1975, and by the Orono <br /> City Council ?�arch 25, 1975 . The only condition on that approval <br /> reflected in the m�nutes is "that another water unit charge be <br /> added for the approved building site. " I assume this approval <br /> �tias given pursuant to the "exception" provisions in Orono' s platting <br /> ordinance (§39 . 021) . <br /> For reasons not clear to me, when plats were submitted to <br /> Orono in 1976 this "lot split" was aescribed as a "subdivision" and <br /> the ma-tter was again submitted -to the Planning Commission and the <br /> City Council. Both bodies approved the "subdivision" (the Planning <br /> Commission on June 21, 1976, and the Council on June 28, 1976) with <br /> the only reservation being review of a Ci�ty Engineer' s report on <br /> possible drainage problems and payment of the park dedication fee. <br /> I see no evidence in the file that the City Engineer ever made such <br /> a report, and I note that no where does a -time limitation attach to <br /> the City' s approval. <br /> . As you know, when tender of the park dedication fee was <br /> � made this fall, Orono apparently took the position that its prior <br /> approvals had lapsed and that it could begin a de novo review <br /> of this matter. I question whether Orono has that right, since it <br /> has -twice approved this "subdivision" with only minor, and very <br /> specific reservations. I suggest �that only questions about drainage, <br /> . and not a full-dress review, ought to be properly considered at this <br /> point. <br /> I alsb note that Orono' s files indicate that a proposed " <br /> . drainage plan was received by the Orono staff January 24, 1978: As <br /> far as I know, no response has been made to that proposal and no <br /> response appears in the Orono file. Obviously it makes little sense - <br /> for us to prepare plats and drainage easements based upon that pro- <br /> posed plan if the City Engineer views the plan as inadequate or <br /> defective. I can only assume that the City Engineer has no objections <br /> to the proposal and will have the necessary materials drawn up <br /> accordingly. Should my assumption not be accurate, or should the <br /> City Engineer not yet have consiclered this matter, please advise me <br /> promptly. ' <br /> Your review of the file herein also disclosed, I am <br /> sure, the fact that Mr. Plowman aoplied for a building permit <br /> on his lot in October, 1976. Apparently the lack of "final <br /> subdivision approval" prevented issuance of a permit, although <br /> the City' s various inspection trips to the site make it appear <br /> that the City' s response was ambiguous. In any event, Mr. <br /> Plowman obviously intends to build upon his lot and expects that <br /> the City will issue the necessary permits upon approval of the <br /> " subdivision. " <br /> End of letter (Continued) <br />
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