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Resolution 5165
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Resolution 0001-7547
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Reso 5100 - 5199 January 12, 2004 - June 14, 2004)
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Resolution 5165
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11/10/2015 11:27:09 AM
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. � °� <br /> 0 0 <br /> • �� � CITY of ORONO <br /> ,� -- , � <br /> , ti <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> ��`gkESI1�4�G NO. � � � � <br /> A) The property was platted as right of way in order to provide access to inland roads <br /> and properties on the island,such access being necessaiy for the protection of the <br /> public health,safety and welfare.Strict adherencz to the ordinances would prohibit <br /> use of the property for its intended purpose. <br /> B) The right ofway platted to the lakeshore is a unique circumstance to the Island and <br /> was created in 1887 for the public benefit by prior owners ofthe surrounding <br /> property, and is not a circumstance created by the City. <br /> C) Construction of a roadway 10'in width within the 90'wide corridor will not alter <br /> the essential character ofthe locality and will replace a similar access road which <br /> existed nearby on private property for many decades. <br /> � D) The establislunent of a suitable roadway is a substantial property right inherent in <br /> plattedright-of-ways. DenialofthevariancesandCUPwoulddenythepublicof <br /> • this right. <br /> 5. Tlie City Council finds that the re-establishment of a pedestrian and vehicular access at the right-of- <br /> wayin question is necessaryto balance the City's goal ofproviding only the minimum necessary <br /> public services to the island,with the inherent need for access for inland properties,for emergency <br /> services, and for occasional service vehicles. <br /> 6. The City Council has considered this application includuig the findings and recommendations ofthe <br /> Plannuig Commission,reports by City staff,comments by the applicant and the public,and the <br /> effect of the proposed variances and conditional use permit on the health,safety and welfare of the <br /> community. , <br /> 7. The City Council finds that the conditions existing on this property are peculiar to it and do not <br /> � apply generally to other properly in this zoning district;that granting the variances and conditional <br /> use permit would not adversely affect traffic conditions,light,air nor pose a fire hazard or other <br /> danger to neighboring property;would not merely serve as a convenience to the applicant,but is <br /> necessaryto alleviate a demonstrable hardslup or difficulty;is necessary to preserve a substantial <br /> property right of the applicant and the public;and would be in keeping with the spirit and intent <br /> � of the Zoning Code and Comprehensive Plan of the City. <br /> • <br /> Page 3 of 6 ' <br />
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