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.rS <br />X <br />7.The City Council finds that granting a conditional use permit to allow grading within <br />5’ of the property line not to be detrimental to the health, safety or general welfare of <br />the public, would not adversely affect light, air nor pose a fire hazard or other danger <br />to neighboring properties, nor will it depreciate surrounding property values and that <br />the proposed level of use of the property will be in keeping with the intent and <br />objectives of the Zoning 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 grants a <br />conditional use permit per Municipal Code Section 10.03, Subdivision 21 to allow grading within <br />5' of a lot line, and a variance from Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 <br />(L)(2) to permit construction of a new residence allowing 2,647 s.f. (46.93%) of hardcover in the 75- <br />250' setback area where 1,682 s.f. (27.58 %) exists and 1,525 s.f. (25%) is allowed. Approval is <br />subject to the following conditions: <br />1. <br />2. <br />3. <br />4. <br />5. <br />Council approval is based on the site plan submitted by the applicants attached to this <br />resolution as Exhibit A. Any amendments to the site plan may require further <br />Planning Commission and City Council review. <br />Applicant’s contractor shall obtain the required demolition permits for the removal <br />of the principal structure. <br />Applicant shall submit plans of engineered retaining walls for review by City staff <br />prior to issuance of building permit. <br />Authorities granted by this variance run with the property not with the applicant, but <br />are permissive only and must be exercised by application for a building permit within <br />one year of the date of Council approval, or this variance will expire on that date <br />(June 12,2001). <br />Violation of or non-compliance with any of the terms and conditions of this variance <br />shall constitute a violation of the zoning code, shall automatically terminate any <br />authority granted herein, and shall be punishable as a misdemeanor. <br />Page 3 of 6