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demonstrable hardship or difficulty; is <br />necessary to preserve a substantial property <br />right of the applicant; and would be in <br />keeping with the spirit and intent of the <br />Zoning Code and Comprehensive Plan of the <br />City. <br />B) Denial of conditional use permit: <br />1. The original driveway plan approved with the <br />building permit was deemed to be safe and the <br />proposed drive requiring additional fill was <br />based on aesthetics and not safety. <br />2. The need to access property in times of <br />emergency can be accomplished by a mere <br />efficient use of the existing garage <br />facilities on the property. <br />3. \pproval of a conditional use permit that <br />would result in excesses of hardcover on a <br />property that already exceeds allowed <br />hardcover within the 75-250' setback area <br />would establish a negative precedent. <br />4. The City Council finds that granting a <br />conditional use permit to allow the filling of <br />approximately 300 s.f. of fill for paving <br />improvements would be detrimental to the <br />health, safety or general welfare of the <br />public, and will depreciate surrounding <br />property values and that the proposed level of <br />use of the property would not be in keeping <br />with the intent and objectives of the Zoning <br />Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDEl. *ND CONDITIONS <br />Based upon one or more of tiic above findings, the Orono <br />City Council hereby grants a variance to Municipal Zoning Code <br />Section 10.22, Subdivision 2 to allow an increase of 200 s.f. of <br />hardcover improvements for retaining vails to be installed adjacent <br />to an approved turnaround resulting in 6,189 s.f. or 26% hardcover <br />Page 3 of 6