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HomeMy WebLinkAbout#4217 - Enforcement of condition in #3346 /� O� � � �O 0��, � CI Y of ORONO ��, � ,_. II � � i� � �� G'�'�� RESOL TION OF THE CITY COUNCIL <<.:� � � 4�'�� N O. � : � ,�kEBH�j� �`=__% A RESOLUTION RE ARDING ENFORCEMENT OF CO DITION NO. 2 OF RESOLUTION O. 3346 WHEREAS,on October 1 l, 1993 the rono City Council adopted Resolution No. 3346 approving the plat of Wheeler Johnson 1 st Addit on; and WHEREAS,Condition No. 2 of Resol ion No. 3346 contained language requiring that the access driveway to Lot 2 shall enter Lot 2 no ore than 25' north of its southeast corner to avoid encroachment of the approved drainfield sites fo Lot 2; and WHEREAS, the owner of Lot 2, M Johnson, has requested that the City not enforce this condition if the drainfield sites can succ ssfully be relocated while still meeting all Orono On-Site Sewage Treatment Code requirements; and R'HEREAS,the City Council has revie ed the request and finds that the request is reasonable, subject to a number of conditions which are necessary to ensure the City's goals of safe access to property and protection of identified drainfiel sites from encroachments which could lead to the premature and costly extension of municipal se ers to the defined rural area. NOW, THEREFORE, BE IT RES LVED by the City Council of the City of Orono that Condition 2 of Resolution No. 3346 will b enforced in the following manner: l. Access to Lot 2 ("4461" Bayside) shall till be from the private driveway located on the adjacent property(4455 Bayside)ea t of Lot 2,which is also owned by Johnson. 2. This shared driveway shall be formalize via an easement over 4455 Bayside in favor of Lot 2 at the time Johnson sells Lot or no longer owns both properties. 3. Any driveway constructed to serve Lot shall meet a setback of no less than 20' from the approved primary and alternate dr infield sites. Such drainfield sites may be relocated upon provision of proof to he City that site relocation is feasible and meets City code requirements. If the property owner is successful in relocating drainfield sites so that a driveway c�n b constructed accessing the existing driveway � Page 1 of //� O� � � � �� O 0�,� �.b..- ��; CI Y of ORONO a� �,; �`� G�� RESOL TION OF THE CITY COUNCI� ��kESH�4� NO. �- h�:�': �'� ',; �__�� without encroaching within 20' of appro ed drai�eld sites,the City will not enforce the provisions of Condition 2 regarding placement of the driveway at the southeast corner of the lot. Adopted by the Orono City Council on this 14th day o December, 1998. ATTEST: ,i , �, , � � i'�, �.� ✓�� ,�, . � �� � Linda S. Vee, -City Clerk G brie Jabbour, Mayor I � � � Page 2 of �