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HomeMy WebLinkAbout2016-11-14 17-012 ORDERCOUNCIL ACTION Item No. 17-Q12 Date: November 14, 2016 Item/Subject: ORDER, Authorizing Execution of an Easement to Ice Holdings, LLC — Coffey Street Responsible Department: Legal Commentary: This Order, if approved, will authorize the City Manager to execute an easement between the City of Bangor and Ice Holdings, LLC to provide for the construction of a pad and installation of mechanical equipment within the setback limits of Coffey Street, and for no other purpose. Ice Holdings, LLC is the owner of a parcel of land and building on Coffey Street, which is a dead end street. They are developing their property to include the installation of mechanical equipment on a cement pad outside of the building. The Code of the City of Bangor requires a 30 foot setback for structures, including pads and mechanical equipment. Because of the design and footprint of the building, it is necessary to develop the pad and mechanical equipment within the 30 foot setback area. The City is proposing an amendment to the Land Development Code for Planning Board and Council consideration that would change the setbacks for exterior mechanical equipment to reflect modern mechanical structural needs. However, that will take several weeks. Because of the timing of this project and the need to place the cement pad prior to a hard freeze, the mechanical needs to be done as soon as possible. Therefore, Ice Holdings, LLC has requested an easement from the City in order to proceed with the construction of the pad pending any amendments to the Code of the City of Bangor. The easement as requested will not create any burden for the City or safety issues for pedestrians or traffic. Manager's Comments: 0-�� Associated Information: Budget Approval: Legal Approval: Introduced for Passage First Reading Referral Department Head City Manager Finance Director Page _ of _ /IMAZI 17-012 NOVEMBER 14, 2016 Assigned to Councilor Nealley BA -06" CITY OF BANGOR rE .1 (TITLE.) ORDER, Authorizing Execution of an Easement to Ice Holdings, LLC — Coffey Street WHEREAS, Ice Holdings, LLC is the owner of a parcel of land and building on Coffey Street, a dead end street, in Bangor; and WHEREAS, Ice Holdings, LLC is developing its property including the installation of mechanical equipment on a cement pad outside of the building; and WHEREAS, the Code of the City of Bangor requires a 30 foot setback for structures, including pads and mechanical equipment; and WHEREAS, the City is considering an amendment to the Code of the City of Bangor to change the setbacks for exterior mechanical equipment; and WHEREAS, construction of the cement pad for the mechanical needs to be done as soon as possible because of the time of year; and WHEREAS, Ice Holdings, LLC has requested an easement from the City in order to proceed with the construction of the pad pending any amendments to the Code of the City of Bangor; and WHEREAS, an easement as requested will not create any burden for the City or safety issues for pedestrians or traffic. By the City Council of the City of Bangor: THAT the City Manager is hereby authorized on behalf of the City of Bangor to execute an easement between the City of Bangor and Ice Holdings, LLC to provide for the construction of a pad and installation of mechanical equipment within the setback limits of Coffey Street, and for no other purpose. Said easement shall be in a final form as approved by the City Solicitor. IN CITY COUNCIL NOVEMBER 14, 2016 CO 17-012 MOTION MADE AND SECONDED FOR PASSAGE PASSED /ftflTY TY CLERK