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variance and conditional use permit on the health, safely and welfare of <br />the community. <br />5.The City Council finds that the conditions existing on this property are <br />peculiar to it and do not apply generally to other property in this zoning <br />district; that granting the variance and conditional use permit would not <br />adversely affect traffic conditions, light, air nor pose a fire hazard or other <br />danger to neighboring property; would not merely serve as a convenience <br />to the applicants, but is necessary to alleviate a demonstrable hardship or <br />difficulty; is necessary to preserve a substantial property right of the <br />applicants; and would be in keeping with the spirit and intent of the <br />^ning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants a lot area variance and a conditional use permit for fill in excess of 500 cubic yards <br />per Orono Municipal Zoning Code Sections 78-305 (B), 78-967 (B) (2), 78-1286 (D) (2) <br />to allow construction of a new residence on an existing lot 1.5 acres in total area with <br />0.92 acres considered dry buildable where 2.0 acres is normally required, and to <br />incorporate approximately 900 cubic yards of fill into the street side of the property, but <br />not impacting the wetland or 26’ required setback, subject to the following conditions: <br />1. Council approval is based on the site plan and grading plan submitted by the <br />applicants and annotated by City staff, attached to this Resolution as Exhibit B. <br />Any amendments to the site plan which are not in conformity with City codes will <br />require further Platming Commission and City Council review. <br />2. Proposed hardcover for the 0-75 ’, 75 -250’, and 250’-500 ’ zones shall remain <br />conforming at 0%, 25%, and 30% respectively. Applicant is advised that any <br />requests to increase hardcover beyond the allowable limits established i City <br />Code Section 78-1288 shall require City approval, and will not likely be <br />a,;proved. <br />3. Applicant is hereby advised that all decorative landscape beds on the property <br />shall not be lined with plastic or fabric liner material to ensure their penneability <br />as non-hardcover surfaces. <br />Page 3 of 6 <br />A'