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• • iCA) 4CITY of ORONO ,s,, �,,,b ,,, ,�,, �� RESOLUTION OF THTYOUNCII \,.....,___ applicants provide a plan for establishment and maintenance of raingardens as a method of storinwater treatment. 4. The City Council reviewed the application on March 27, 2006 and tabled it pending a re-design that would eliminate the need for an average lakeshore setback variance, finding no hardship that would support such a variance, finding that the lot was sufficiently large to allow for a new residence meeting the average setback, and that the concerns expressed by the affected neighboring property owner about potential loss of lake views due to the encroachment were valid. 5. The City Council finds that subject to approval by the City Engineer, a grading and drainage plan that includes up to 2,400 cubic yards of fill material to raise the west yard to an elevation just below the upper level of the proposed house is not inappropriate, as long as no neighboring properties are negatively affected by the changes in runoff characteristics. The proposed drainage easement over the corner of the neighboring property at 3155 North Shore Drive is necessary for the grading & drainage plan to be viable. 6. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. 7. 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;will not be detrimental to the public health, safety or welfare nor be materially injurious to surrounding properties or improvements; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 6