04-25-1988 - Agenda Packet City Council - regular meeting

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City of ORONO RESOLUTION OF THE CITY COUNCIL NO, -- - -- ----- WHEREAS, the City Council finds that the conditions existing on this property are peculiar tc it and do not apply generally to other property in this zoning district; granting a variance would nut adversely affect traffic conditions, light, air nor pose a fire hazard or other r1anger to neighboring properties; would not merely serve as a conve,,ience to the applicant, but is necessary to alleviate a demonstrable hardsh-p or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City; and WHEREAS, the City Council finds that granting a conditional use permit to allow the construction; of a driveway less than 26' from the edge of the designated wetland will not be detrimental to the health, safety or general welfare of the public, would not adversely affect. light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values; and that the proposed level of use of the property will be in keeping with the intent and objectives 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 Co,incil iereby approves the applicants current request to revise the original driveway location to a more suitabl( �-ation within 26' of the designated wetland and requiring an easement across t"e neighboring property. The conditions of approval of the variance and conditional use permit granted in Resolution #2305 are hereby revised to read as follows: i. Land Alteration Permit #00623 isszd to the applicants contractor, Mason Homes, shell remain in effect for the restoration work required herein and for the proposed new driveway construction. Applicants shall call for a final site inspectJon upon cor,ietion of site restoration for the previously approved driveway, and upo.i completion of the revised driveway. 2. The contractor shall to the greatest extent possible remove the fill material that was placed in the wetland and shall remove any remaining fill placed near the cul-de-sac area. Restoration shall be completed and approved by Ctty staff no later than July 1, 1988. 3. The wetland areas disturbed by the unsuccessful driveway construction attempt shall be allowed to retcrn to their natural state. No further attempt to construct or reconstruct a driveway in that location is allowed without City approval. Page 2 of 5