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City of ORONO <br />. :~ :~ ' ·." '1 \ ~.· <br />RESOLUTION OF THE CITY cou~tlt ; C :. <br />F) Granting of the conditional use permit and variance <br />for grading in the 0-75' zone is necessary to allow <br />applicant to fill in the excavation that will remain <br />after the existing house is removed, with a blending in <br />of the grade to existing contours. The applicants have <br />revised the house plans so that their walkout concept <br />can be developed without the need to change grades from <br />those naturally occuring in the northerly 0-75' zone. <br />In the southerly 0-75' zone, minor grade changes to <br />reconstruct the driveway are necessary to provide a <br />safe and low-hardcover access to the property. <br />5. The Planning Commission reviewed application #1544 on <br />June 18, 1990 and on a vote of 6-0 recommended approval, <br />finding no changes proposed from the approval granted in <br />Resolution #2587 adopted March 13, 1989. <br />6. The City Council finds that the conditions existing on <br />this property are peculiar to it and do not apply generally <br />to other property in this zoning district; that granting the <br />variance would not adversely affect traffic conditions, <br />light, air nor pose a fire hazard or other danger to <br />neighboring properties; would not merely serve as a <br />convenience to the applicants, but is necessary to <br />alleviate a demonstrable hardship or difficulty; is <br />necessary to preserve a substantial property right of the <br />applicants; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the <br />City. <br />7. The City Council finds that granting a conditional use <br />permit for the proposed grading in the 0-75' lakeshore <br />setback zone will not be detrimental to the health, safety <br />or general welfare of the public, would not adversely affect <br />light, air nor pose a fire hazard or other danger to <br />neighboring properties, nor will it depreciate surrounding <br />property values and that the proposed level of use of the <br />property will be in keeping with the intent and objectives <br />of the Zoning Code and Comprehensive Plan of the City. <br />Page 3 of 6