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. --4;?. o -N <br /> / .4„. <br /> (0 C)' <br /> , s �- CITY of ORONO <br /> 11'5, :,� ti <br /> \��� ' IY;^I� s./ RESOLUTION OF THE CITY COUNCIL <br /> \N1kESH / NO. 4 7 1 9 <br /> F. The lot is only 45' wide which does not require more than a few trees <br /> to have full canopy cover on a property when the trees mature. At <br /> maturity, the proposed installation of 4 trees on and above the hillside <br /> would create the full canopy cover. <br /> G. A permit was issued for the work completed above the top of bluff line. <br /> Staff can issue permits for land alteration outside of the 75' setback. No <br /> conditional use permit is required if the work is outside of the 75' <br /> setback and has less than 500 cubic yards of land alteration. The <br /> retaining walls and land alteration that occurred above that line were <br /> permitted and the property owner did receive a land alteration permit on <br /> July 31, 2001. <br /> H. Based on the City of Orono's topographic maps, the top of bluff line <br /> would be measured at the 960' contour. That measurement would <br /> indicate the putting green would only encroach about 3' into the 20' bluff <br /> impact zone. The bluff impact zone is the 20' setback from the point at <br /> which the top of bluff is measured. Based on the survey data that was <br /> completed by the Egan field & Nowak the top of bluff is measured at the <br /> 961' contour. The City's maps are very accurate, however they are <br /> interpolated from aerial photography and can have some slight variations <br /> to site elevations. <br /> I. Based on the new survey data, it has been determined a variance is <br /> required for the work above the bluff line. The City Engineer has <br /> reviewed the land alteration and has determined the construction of the <br /> putting green and wall have addressed the issues of drainage and ground <br /> cover to not negatively impact the property or adjacent properties. <br /> 3. The City Council finds that the conditions existing on this property are peculiar <br /> to it and do not apply generally to other property in this zoning district; that <br /> granting the variances and conditional use permit would not adversely affect <br /> traffic conditions, light, air nor pose a fire hazard or other danger to neighboring <br /> property; would not merely serve as a convenience to the applicants, but is <br /> necessary to alleviate a demonstrable hardship or difficulty; is necessary to <br /> preserve a substantial property right of the applicants; and would be in keeping <br /> with the spirit and intent of the Zoning Code and Comprehensive Plan of the <br /> City. <br /> • Page 3 of 7 <br />