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m <br />P: <br />K'': <br />fe- <br />ro-'f 'IfIp:,/ <br />k»s”fo' ■ <br />Ml'- <br />'A. <br />C. <br />Tlie structure could be placed <br />sedMck from aU lot lines. <br />If smictufe was to be placed in a confonning locatioa on the higiier <br />elevatkMis to die nofth a^ west, tower would have greater visual impact <br />on the adjacent residential pro per^. <br />The owner of the property and the adjacent proper ty owner have agreed <br />to execute agreenena that would release the City Ikom any ii«i>iijrigT <br />should the structure in its present nonoonfonning location collapse and <br />result in property damage. <br />The City Council finds that the conditioos existing on this proper ty are peculiar <br />to it and do not apply generally to other property in this aoning district; that <br />granting the varianoe would not adversely affect traffic conditioos, light, air nor <br />pose a fire haxard or other danger to neighboring properties; would not merely <br />serve as a coovenience to the applicant, but is necessary to alleviate a <br />detnons traMe hardship or difficulty; is necessary to preserve a substantial property <br />right of the applicam; and would be in keeping with the spirit and intent of the <br />Zoning Code and Comprehensive Plan of the City. <br />; > ; <br />i.' <br />The City Council finds that granting s conditional use permit to allow a 75* <br />ancenoa/tower smicture to remain in its present location will not be detrimental <br />to the health, safety or general welfere of the public, would not adversely affect <br />light, air nor pose a fire hazard or other dan^ to neighboring properties, nor <br />will its use depreciate surrounding property values and that the proposed level oi <br />use of die property will be in keeping w^ the intent and objectives of the Zoning <br />Code and Compreh ensive 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 />grants a conditional use permit and a variance to Municif^ Zoning Code Section 10.28, <br />Subdivision 3 (A) to allow the antenna/tower stmcnire u> remain at a 32* setback fttmi the west <br />lot line requiring a 43 ’ oi 57% variance and grants a conditumal use permit for an independent <br />antenna/tower smicture to be at a maximum height of 75*. subject to the following cooditkHi <br />Page 2 of S <br />I