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g CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL Si304� NO. 5 49 0 current ordinances the lot area is nonconforming with regard to dry buildable area. b. The wetland body will not be impacted by the proposed grading or filling. c. Neither of the adjacent properties will be negatively impacted by the proposed fill. d. Although the wetland protection ordinance has not been triggered by the proposed land alteration, the applicant has proposed a buffer around the wetland areas with the exception of the area directly to the rear of the home, meeting the standards of the "buffer flexibility" section of the wetland protection ordinance. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance and conditional use permit on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit in order to conduct land alterations in excess of 500 cubic yards per Orono Municipal Zoning Code Sections 78-967 (B) (2), to conduct land alterations in order to create a pond and re -grade the area to the rear of the home, subject to the following conditions: 1. Council approval is based on the site plan and grading plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Page 2 of 5