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CITY of ORONO RESOLUTION OF THE CITY COUNCIL ��kESH0 NO. 484 zi 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances will not adversely affect traffic conditions,light,air,nor pose a fire hazard or other danger to neighboring property;would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff, comments of the applicants and adjacent property owners and their agents, and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants an after-the-fact conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit land alteration and fill of beyond the 3,280 s.f. of material that was approved in 2001 and an after-the-fact variance to permit land alteration within 26' of the Nvetland, subject to the following conditions: 1. Applicant has provided a planting schedule and plan indicating proposed species types and planting locations for 33 trees to replace the vegetative tree cover that was removed by the applicant. Two additional trees shall be added to the plan to result in a total of 35 replacement trees. These two additional trees shall be sugar maple,the predominant species in the surviving woodlands south of applicant's deforestation. These 2 sugar maples shall be located near the center of the property. 2. Applicant has planted 21 of the 35 required trees prior to this approval resolution. The City Council has received comments from one adjacent owner with regards to the proposed planting schedule and plan, and will accept comments from other adjacent owners who are affected by the proposed plan, prior to planting of the remaining 14 trees. The City and its consultants shall also review and approve the species of and placement of the required 14 additional trees prior to planting. Page 5 of 8