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<br /> � � �t o� ORONO
<br /> C �
<br /> • RESOLUTION OF THE CITY COUNCIL
<br /> • NO. �vt(��
<br /> • - • •
<br /> AMENDING RESOLUTION NO. 851 AND GRANTING JACK RHODE
<br /> VARIANCES TO ALLOW CONSTRUCTION ON THE LOT KNOW1`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 AidD N
<br /> OF S 1058 . 3 FT. THEP.EOF & 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 /> co�rsnonl_v known as 1410 Bohns Point Road, and has now reapplied for
<br /> the same variances and �or amend��ent to Resolution No . 851; and
<br /> WHEREAS , Jason Becker and William Lauer, neighbors who have
<br /> property adjacent to that lot, have appeared 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 /> � WHE:tr,AS , the Planning Commission, City Council and City
<br /> staf`� studied the first application at length, including the testimony
<br /> anc, memoranda previously submitted by �Ir. 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 studied the 1980 reapplication at length, and have studied all
<br /> additional testimony, including that of tiZe Grec�g S�. Hannahs and
<br /> Darrell K. Stewart and al1 additional written material submitted by
<br /> Rhode, Becker and Lauer; and
<br /> ti�7HEP.EAS , the City Council has reviewed these applications and
<br /> ali testimony at City Council i�Ieetings held August 8 , 1977 , August 22 , 1977 ,
<br /> October 11 , 1977 , June 30 , 1980 , July 28, 1980 , Auqust 25 , 1980 ,
<br /> September 15 , 1980 and the date of this Resolution; and
<br /> WHEREAS , on September 15 , 1980 , Gregg 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 lot (attached hereto as Exhibit B)
<br /> and related details of his involvement with the subject lot and the
<br /> easemen�s located thereon, including statements that he and his attorney.
<br /> :-�ad called the Ci�y and the LP�tCD re�;arding the va1;��i��.v of chanqing the
<br /> �asements in 1974 , that the City and Li�CD had stated no objections to
<br /> � _he easements, that the City and L�;CD Y:ad not asked �or any enaorsem°nt,
<br /> rormal review, or approval process for the easeTents , and regarding his
<br /> lack of involvement with the Council ' s drafting of tne original Resolution
<br /> ';o . 851 in 1977 ; and
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