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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. ________________________ <br /> <br /> <br />3 <br /> <br />4. The Property is within Tier 1 and hardcover is limited to 25% according to the <br />Stormwater Quality Overlay District. <br /> <br />5. Applicant has applied for the following: <br />a. An Interim Use Permit for the export of approximately 3,200 cubic yards of fill <br />from the Property. <br /> <br />6. In considering this application, the Council has considered the advice and <br />recommendation of the Planning Commission and the effect of the proposed project <br />upon the health, safety and welfare of the community, existing and anticipated traffic <br />conditions, light and air, danger of fire, risk to the public safety, and the effect on values <br />of property in the surrounding area. <br /> <br />ANALYSIS: <br /> <br />The Planning Commission may recommend and the Council may grant an Interim Use Permit <br />(IUP). On the basis of the application and the evidence submitted, the city council <br />determines that the use will comply with the following: <br /> <br />1) The use will meet the general performance standards in section 78-916 of this chapter; <br />the proposed grading will conform to the standards within Section 78-916 of the <br />Zoning Code. <br /> <br />2) The use is allowed as an interim use in the applicable zoning district; grading and export <br />of materials are permitted within the LR-1A zoning district; this statement is true. <br /> <br />3) The use will not delay anticipated development or redevelopment of the site; the <br />proposed grading activity will be conducted in conjunction with the development of <br />the new single family home on the property. This statement is true. <br /> <br />4) The use will not be in conflict with any provisions of the city code on an ongoing basis; the <br />proposed grading activity will not be in conflict with the Code. <br /> <br />5) The use will not adversely affect the adjacent property, the surrounding neighborhood, or <br />other uses on the property where the use will be located; this standard requires that the <br />proposed grading and improvements must not substantially impair the use and <br />enjoyment of the properties in the area when compared to the impairment or impact <br />of generally permitted uses. The result of the proposed material removals will not <br />change the intended residential use of the Property so there should be no change in <br />the use, the grades, or enjoyment of adjacent properties resulting from the export of