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D) The proposed location of the structure and the conditions <br />under which it will be operated or maintained will net be <br />detrimental to the public health, safety or welfare or materially <br />injurious to properties or improvements in the vacinity. <br />4. The City Council has considered this application including t^ <br />findings and recommendations of the Planning Commission, report'^ <br />staff and comments of the applicant and the affect of the proposed u <br />on the health, safety, and welfare of the community. <br />5. The City Council finds that granting a conditional use permit to <br />allow the installation of the remote terminal enclosure as proposed <br />would not be be detrimental to the health, safety or general welfare <br />of the public, would not adversely affect light, air nor pose a fire <br />hazard or other danger to neighboring properties, nor will its use <br />depreciate surrounding property values and that the proposed level of <br />use of the property will be in keeping with the intent and objectives <br />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 <br />Council hereby grants a Conditional Use Permit per Municipal Zoning Code <br />Section 10.20, Subdivision 3 (E) to permit the installation of a remote <br />terminal enclosure by U.S. Direct Communications, subject to the following <br />conditions: <br />1. No signage shall be allowed within the utility easement area <br />granted to the applicant. <br />2. The City will ask for three additional landscape plantings along <br />the east side of the easement providing additional screening for the <br />users of the public roadway. <br />3. Applicant to provide regular landscape maintenance of the aiea <br />throughout the year. <br />4. Authorities granted by this resolution run with the property not <br />with the owner, but are permissive only and must be exercised within <br />one year of the date of Council approval or the special conditions of <br />this resolution will excire on that date (April 24, 1990). <br />5. Violation of or non-compliance with any of the terms and conditions <br />of this resolution shall constitute a violation of the Zoning Code, <br />shall automatically terminate any authority granted herein, and shall <br />be punishable as a misdemeanor. <br />Page 2 of 5