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b. The grading can be improved so as not to negatively impact adjacent <br />neighbors. <br />c. The impacts of the fill are only discemable from the road or street side <br />rather than the lake side of the home. <br />d. All other requirements of building height, hardcover, and lot coverage <br />by structures arc met. <br />4. The City Council has considered this application including the findings <br />and recommendation of the Planning Commission, reports by City staff, <br />comments by tlie applicant and the public, and the effect of the proposed <br />after-the-fact conditional use permit on the health, safety and welfare of <br />the community. <br />5. The City Council finds that the conditions exisung o.i this piopeity are <br />peculiar to it and do not apply generally to other propeny in this zoning <br />district; that granting the after-the-fact conditional use permit would not <br />adversely affect traffic conditions, light, air nor pose a fire hazard or other <br />danger to neighboring property; but is necessary to preserve a substantial <br />property right of the applicant; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDF"'. ,\ND CONDITIONS <br />Based upon one or more of the .above findings, the Orono City Council hereby <br />grants an after-the-fact conditional use pernit per Municipal Zoning Code Section 7S- <br />1286 to allow 3.940 cubi*’ yards of fill c-n the propc.ty in conjunction with the <br />landscaping improvements for the new home wlieie 1,650 cubic yards was approved with <br />the building permit and 500 cubic yards requL'er. a^prova! of a conditional use permit, <br />subject to the following conditions; <br />1. Council approval is based on the site plan ;^ubmitted by the applicant and <br />annotated by City staff, atts- »ed to this Resolution as Exhibit Any <br />amendments to the site plan which are not in conformity with City codes will <br />require further Planning Commissioii and City Cowicil review. <br />Page 2 of 5