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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. necessary for the development of the two proposed lots. Without access, the applicant lose substantial property rights. 12. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Staff believes this criteria to be met because the proposed 12 foot wide shared driveway ties into the existing access for the site and the grading within the shoreland setback will address water concerns that currently exist on the site. 13. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The variance is necessary in order to allow access and development of the two proposed platted lots. CONDITIONAL USE PERMIT ANALYSIS 1. Consistent with the community management plan; The use of the property is residential, the temporary grading operations are necessary to create building sites on the property. 2. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed grading is residential in nature which is consistent with the permitted uses for the property. 3. Adequately served by police, fire, roads, and stormwater management; This statement is true. 4. Provided with an adequate water supply and sewage disposal system; This statement does not apply to the requested conditional use. 5. Not expected to generate excessive demand for public services at public cost; This statement is true. 6. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; This criteria relates to whether the proposed grades resulting from the earth moment are appropriate and in character with the surrounding land and neighborhood. The applicant believes the proposing grading plan will allow for more floodplain and will create suitable lots for two new homes on the proposed lots. The grades, once established, should have no adverse impacts on the neighborhood.