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ev 0 == _ CITY of ORONO 0„ ti NV �� ^11,0 0 RESOLUTION OF THE CITY COUNCIL lA , 4� NO. '4 8 a` 2 because they have limited indoor storage. With an enclosed building, they could stockpile the mix and accept deliveries during the daytime hours. _5. The 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 variance would not adversely affect traffic conditions,light,air nor pose a fire hazard or other danger to neighboring properties,would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship 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. 6. The City Council finds that granting a conditional use permit for land alteration for pond construction 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 property,nor will its use 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. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 5 to permit construction of an accessory building on property that is devoted to a non-conforming use; Section 10.22,Subdivision 2 and Section 10.56,Subdivision 16(L)(2)to permit hardcover alteration in the 500'-1000'lakeshore setback in excess of 35%; Section 10.03, Subdivision 9 (C) to permit a 60' X 120' (7,200 s.f.) accessory building to be constructed on the property,where a building 2,400 s.f.is allowed;and for a conditional use permit to Municipal Zoning Code Section 10.03,Subdivisions 19-21 to permit land alteration for construction of a stormwater management pond.Approval is subject to the following conditions: Page 3 of 7