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12. The Council finds that the conditions existing on this property are peculiar to it <br />and do not apply generally to other property >n 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 right of the <br />applicant; and would be in keeping with the spirit and intent of the Zoning Code <br />and Comprehensive Plan of the City. <br />13. The City Council finds that granting a conditional use permit to allow the <br />construction of a driveway encroaching within 26 of this designated wetland 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 neighboring <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 and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />approves renewal of variances and conditional use permit granted via Resolution No. 2413 to <br />construct a driveway within 26 ’ of a designated wetland where no grading or filling is normally <br />allowed, subject to the follow ing conditions: <br />1, Construction of the driveway shall not be recommenced until applicant or his <br />contractor obtains a land alteration permit from the City. Such land alteration <br />permit shall be in addition to the building permit for a new residence which is <br />anticipated to be issued shortly. <br />2. The proposed driveway shall be constructed per the site plan attached to this <br />resolution as Exhibit A. <br />3, The culvert at the drainageway crossing under the driveway shall be 24" in <br />diameter. <br />4. Authorities granted by this resolution run with the property not with the applicant, <br />but are permissive only. Driveway construction must be commenced within one <br />Page 3 of 5