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11 The Council finds that tte conditions existing on this property arc peculiar to it <br />and do not appl> generally to other property in this zoning district that granting <br />the variance would not adversely affect traffic conditions, light, air nor pose a <br />fire hazard or other danger to neighboring properties, would not merely serve as <br />a convenience to the applicant, but is necessary' to alleviate a demonstrable <br />hardship or difficulty ; is necessary to preserve a substantial property nght of the <br />applicant; and would be in keeping with the spirit and intent ot the Zoning Code <br />and Comprehensive Plan of the City. <br />12 The City Council finds that granting a conditional use permit to allow the <br />continued use of the facility as a fine arts school offering full-time instruction will <br />not be detrimental to the health, safety or general welfare of the public, would not <br />adversely affect light, air nor pose a fire hazard or other danger to neighbormg <br />properties, nor will it depreciate surrounding property values and that the <br />proposed level of use of the property will be in keeping with the intent and <br />objectives of the Zoning Code anJ Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council concludes <br />that applicant ’s proposed use of the property as a school of fine art instruction is a legal non- <br />conforming use of the property and hereby grants a conditional use permit per Municipal Zomng <br />Code Section 10.03, Subdivision 5. The Council further concludes that the configuration of the <br />Hill School property and the historic background and school mu- of the property are unique <br />consequently grants a variance that would allow open parking stalls within the required side <br />street yard. This approval is subject to the following conditions; <br />1. Applicant has received approval of ? variance to allow open parking within a <br />required side street yard area as shown on approved site plan attached to this <br />resolution as Page 7. Applicant shall be responsible for installing a median <br />within Briar Street right-of-way as shown on said site plan to be completed by <br />November 9, 1994. Applicant shall provide an updated survey locating travelled <br />right-of-way of Briar Street. <br />Page 3 of 7