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K. <br />unusually large area of wetland alteration as compared to private wetland <br />alteration projects approved by the City in the past, the public nature of this <br />project is one of the primary factors supporting its approval. <br />The City Council approved the construction plans and layout of this project <br />on December 9, 1996. <br />4. The City Council finds that the facts and conditions applying to this project are <br />peculiar to this project and do not apply generally to other property in the LR-1A <br />or RR-IB Zoning Districts; that granting the variances would not adversely affect <br />traffic conditions but will in fact enhance traffic safety, that granting the variances <br />would not adversely affect light, air nor pose a fire hazard or other danger to <br />neighboring properties; would not merely serve as a convenience to the applicant, <br />but is necessary to alleviate a demonstrable hardship or difficulty that is public <br />rather than private in nature; that approval is necessary to preserve the public <br />health, safety and welfare; and approval would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the City. <br />5. The City Council finds that granting a conditional use permit to allow alteration <br />of wetlands in flood plain areas and the proposed filling in excess of 100 cubic <br />yards will not be detrimental to but will enhance the health, safety or general <br />welfare of the public, would not adversely affect light, air nor pose a fire hazard <br />or other danger to neighboring properties, nor will it depreciate surrounding <br />property values, and that the project as proposed will be in keeping with the intent <br />and objectives of the Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of fhe above findings, the Orono City Council hereby <br />grants variances to Municipal Zoning Code Sections 10.56, Subdivision 16 (J) and (K) and 10.55, <br />Subdivision 8 to allow the filling of City designated wetlands where no filling is normally <br />allowed, and for a conditional use permit per Sections 10.03, Subdivisions 19-21 and 10.55, <br />Subdivisions 8-14 to allow land alterations in excess of 100 cubic yards and within and adjacent <br />to protected wetland and flood plain areas, subject to the following conditions: <br />Page 4 of 7