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<br /> � C�t of ORONO
<br /> �
<br /> RESOLUTION OF THE CITY COUNCIL
<br /> • NO. T��.
<br /> � - o •
<br /> AMENDING RESOLUTION NO. 851 AND GRANTING JACK RHODE
<br /> VARIANCES TO ALLOW CONSTRUCTION ON THE LOT KNOWI`i AS
<br /> 1410 BOHNS POINT ROAD LEGALLY DESCRIBED AS iHAT PART
<br /> OF GOV'T LOT 1 LYING E OF W 442. 93 FT. THEREOF A�JD N
<br /> OF S 1058. 3 FT. THEREOF & S OF RLS 269
<br /> WHEREAS , Jack Rhode applied in 1976 for variances to allow
<br /> for the construction of a single family residential home on his lot
<br /> commonly known as 1410 Bohns Point Road, and has now reapplied for
<br /> the same variances and for amer.a�<<en� to Resolution No . 851; and
<br /> WHEREAS, Jason Becker and t�7illiam Lauer, neighbors who have
<br /> property adjacent to that lot, have aopeared and expressed concerns -
<br /> related to the possible construction sites on that lot; and
<br /> WHEREAS , the applicant, the neighbors , City staff, the
<br /> Planning Commission and City Council have raised at different times
<br /> numerous facts and legal questions concerning the application for
<br /> variances; and
<br /> WHEREAS , the Planning Commission, City Council and City
<br /> staff studied the first application at length, including the testimony
<br /> and memoranda previously submitted by Mr. Rhode and his attorneys ,
<br /> James T. Swenson, Esq. , and Lorens Q. Brynestad, Esq. , and the material
<br /> submitted by Mr. Jason Becker and his attorney, Jerry Rice, Esq. ; and
<br /> WHEREAS , the Planning Commission, City Council and City Staff
<br /> have studiad the 1980 reapplication at length, and have studied alI
<br /> additional testimony, including that of tiZe Grec�g S•. Hannahs and
<br /> Darrell K. Stewart and a11 additional written material submitted by
<br /> Rhode, Beck2r and Lauer; and
<br /> G�1HEP.EAS , the City Council has reviewed these applications and
<br /> all testimony at City Council yieetings held August 8 , 1977, August 22 , 1977 ,
<br /> October 11 , 1977 , June 30 , 1980 , Ju1y 28, 1980 , August 25 , 1980 ,
<br /> September 15 , 1980 and the date of this Resolution; and
<br /> 4v'HEREAS , on September 15 , 1980 , Greag Hannah appeared before
<br /> the Council and entered into the record a copy of a 1974 survey showing
<br /> the walkway easements across the subject loc (attached hereto as Exhibit B)
<br /> and related details of his involvement with tne subject lot and the
<br /> easemen�s located thereon, including statemen�s that he and his attorney.
<br /> ha1 calleu� the C��y and the Lt�ICD re�=arding `�?� validi��� o� changing the
<br /> easements in 1974 , that the City and L"�iCD had stated no objectior.s to
<br /> �-he easements , that tne City and LiiCD 'r:ad not asked -or any endorsement,
<br /> Lormal review, or approval process for the easements , and reqarczing his
<br /> lack of in�.�olvement with the Council ' s drafting of the original P.�solution
<br /> '�10. 851 in 1977 ; and
<br /> PAGE�OF ��
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