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12-11-1995 Council Packet
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12-11-1995 Council Packet
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4. <br />5 <br />The City Council finds that the conditions existing on this property are peculiar <br />to it and do not applv generallv to other property in this zoning district; that <br />granting the variance would not adversely alTect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring property; would not merely <br />serve as a convenience to the applicant, but is necessary to alleviate a <br />demonstrable hardship or difficulty; is necessary to preser\e a substantia <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 />The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City staff, comments <br />by the applicant and the elTcct of the 7'onosed variance on the health, safety and <br />welfare 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 variances to Municipal Zoning Code Section 10.?6. Subdivision 16(1) 1 and 2 to approve <br />die clear cutting of shrubs and removal of mature trees within the lakeshorc protected area and <br />conservation area protected under an easement granted to the City and filed in the chain of tit e <br />of the property, subject to the following conditions; <br />I Applicant shall complete the following replanting schedule by July 15. 1996: <br />A. Within the 0-75* setback area. 10 trees shall be planted. <br />In wetland area not included in the 0-75 ’ zone. 5 trees shall be planted. <br />The wetland areas shall be protected under a new Conservation and Flowage <br />Easement to be filed against the chain of title of the property. Any plan to alter <br />or remove vegetation by applicant in the future must first be reviewed and <br />approved by the City ot Orono. <br />Authorities granted by this resolution run with the property not with the <br />applicant, and arc permissive only. <br />Pace 3 of 5 <br />B.
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