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5.The City Council finds that Uie 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 conditional use permit and commercial site plan <br />approval with associated variances would not adversely affect traffic <br />conditions, light, air nor pose a fire hazard or other danger to neighbormg <br />property; would not merely serve as a convenience to the applicants, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicants; and would be in <br />keeping with the spirit and intent of the Zoning Code and Comprehensive <br />Plan of the City. <br />CONCLLSIONS, ORDER AND CONDITIONS <br />Rased upon one or more of the above findings, the Orono City Council hereby <br />grants a conditional use permit and commercial site plan approval with associated <br />variances to Orono Municipal Zoning Code Sections 78-642, 78-646 (D) (E), and 78-644 <br />in order to convert the existing residence into a coffee shop/bakcry/rcstaurant including <br />approval of a conditional use permit in order to operate a Class 1 restaurant, a building <br />setback variance to allow a north side setback of 24 ’ when 35' is required and 24 ’ feet <br />currently exists in order to construct an addition to the existing building, and a parking <br />setback variance to allow parking spaces to he located within the required 30’ rear yard, <br />subject to the following conditions: <br />1.Council approval is based on the site plan and building designs submitted by the <br />applicants and annotated by City staff, attached to this Resolution as Exhibit A. <br />Any amendments to the site plan which arc not in conformity with City codes will <br />require further Planning Commission and City Council review. <br />2.Hardcover in the 500’-1000’ zone shall not increase above 35%. Hardcover in the <br />500’-1000’ zone shall be limited to 3,623 s.f or 35% per Municipal Zoning Code <br />Sections 78-282 and 78-1288 (B). Attached Exhibit A shows the approved <br />hardcover allowance of 3,436 s.f for the 500’ 1000’ zone. The applicant is <br />hereby advised that any increases of hardcover over 187 s.f will require variance <br />approval and will not likely be approved witliout concurrent reductions in <br />hardcover. <br />3.Applicant shall not install plastic or fabric liner material for decorative landscape <br />beds on the property as they are not permeable and act as non-hardcover surfaces. <br />Page 3 of 6 <br />iLmLi