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5. <br />6. <br />7. <br />8. <br />The easement is 30 ’ in width (legal description attached as Exhibit A), <br />The proposed grading would not impact existing or future septic sites on the <br />property due to disturbed soil and slcoes. <br />The City Council finds that granting a conditional use permit to allow grading <br />within 5 ’ of the property line and to allow land alteration of greater than 500 <br />cubic yards will not be detrimental to the health, safety or general welfare of the <br />public, will not adversely affect light, air nor pose a fire hazard or other danger <br />to neighboring properties, nor will its use depreciate surrounding property values <br />and that the proposed level of use of the property will be in keeping with the <br />intent and objectives of the Zoning Code and Comprehensive Plan of the City. <br />The City Council has considered this application including the findings and <br />recommendations of die Planning Commission, reports by staff and comments of <br />the applicants and the affect of the proposed use on the health, safety, and welfare <br />of the community. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivisions 19-21, <br />to permit grading within 5 ’ of the property line and land alteration of greater than 500 cubic <br />yards, subject to the following conditions: <br />1.The applicants shall file an access easement in favor of the 1820 Fox Streei <br />property over the 1700 Fox Street property. <br />2.The existing curb cut located on the 1820 Fox Street property shall be cl^ced <br />within 30 days of c ompletion of the existing driveway. <br />3.The applicants shall obtain a land alteration permit from the City for grading, per <br />the site plan attached to this resolution as Exhibit B. <br />4.Authorities granted by this resolution are permissive only and must be exercised <br />by application for a building permit within one year of the date of Council <br />approval or this conditional use f>ermit \sill expire on that date (October 1 1 , 2000). <br />Page 2 of 6 <br />r <br />4