HomeMy WebLinkAbout#1663 Resolution 4217CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION REGARDING
ENFORCEMENT OF CONDITION NO. 2
OF RESOLUTION NO. 3346
WHEREAS, on October 11, 1993 the Orono City Council adopted Resolution No.
3346 approving the plat of Wheeler Johnson 1st Addition; and
WHEREAS, Condition No. 2 of Resolution No. 3346 contained language requiring
that the access driveway to Lot 2 shall enter Lot 2 no more than 25' north of its southeast comer to
avoid encroachment of the approved drainfield sites for Lot 2; and
WHEREAS, the owner of Lot 2, Mark Johnson, has requested that the City not
enforce this condition if the drainfield sites can successfully be relocated while still meeting all
Orono On-Site Sewage Treatment Code requirements; and
WHEREAS, the City Council has reviewed 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 drainfield sites from encroachments which could lead
to the premature and costly extension of municipal sewers to the defined rural area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orono that Condition 2 of Resolution No. 3346 will be enforced in the following manner:
1. Access to Lot 2 (" 4461" Bayside) shall still be from the private driveway located on
the adjacent property (4455 Bayside) east of Lot 2, which is also owned by Johnson.
2. This shared driveway shall be formalized via an easement over 4455 Bayside in favor
of Lot 2 at the time Johnson sells Lot 2 or no longer owns both properties.
3. Any driveway constructed to serve Lot 2 shall meet a setback of no less than 20' from
the approved primary and alternate drainfield sites. Such drainfield sites may be
relocated upon provision of proof to the 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 can be constructed accessing the existing driveway
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
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without encroaching within 20' of approved drainfield sites, the City will not enforce
the provisions of Condition 2 regarding placement of the driveway at the southeast
comer of the lot.
Adopted by the Orono City Council on this 14th day of December, 1998.
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;iTIEST: ' :, . '
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'Linda S. Ve~,.·Qity Clerk
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Gabri 1 Jabbour, Mayor
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