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CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. __;1_6 17 '- a. The proposed excavation and filling is to alloxv for the waterproofing of an existing tunnel leading from near Bracketts Point Road to the basement of the greenhouse. A portion of that tunnel is in the 0-75' lakeshore setback zone where no excavation, grading or filling is normally allowed b. Work on the retaining walls at the entrance to the tunnel was approved with Resolution leo.: 53q on March 1= . 1995, but the information with that varianceiconditional use permit request did not indicate the proposed excavation, waterproofing/fiI)ine/regrading work was intended. Applicant's contractor removed a :6" elm tree in the 045" 5' zone without obtaining a permit as required by Zoning Code Section 10.2=. Subdivision and Section 10.16. Subdivision 16 (11. Removal of this tree was necessan- in order to allow proper completion of the proposed waterproofing work. d. The applicants propose to mitigate the loss of the 36•' elm b% planting t-wo 41/." diameter maples in its place. Applicants propose to complete the excavation and waterproofing work and restore the site to existing grades in a timclN manner. The Citi Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on he health, afety and welfarr of the community. The Citi• Council finds that the conditions existing on this propem are peculiar to it and do not appy generally to other propem in this zoning district: that granting the variance and conditional use permit would not adversely affect traffic conditions. liphL air nor pose a fire hazard or other dancer to neighboring properties. would not merely serve as a comenicnce to the applicant. but is necessary- to alleviate a demonstrable hardship or difficulty: is necessan to preserve a substantial propem right of the applicant: and would be in keeping %%ith the spirit and intent of the Zoning Code and Comprehensive Plw. of the Cite. Page 2 of 7