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O O <br /> CITY of ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> t9kESI3D4� � NO. 47 0 I 9 <br /> k. Because the location of mature trees is a primary factor in the determination <br /> of hardship for this site, the loss of said trees during or after redevelopment <br /> of the property would negate many of the basis for hardship. Therefore,it is <br /> reasonable to establish as a conditions of approval that the applicants and their <br /> agents take all feasible and reasonable steps to ensure the continued viability <br /> ofthe trees. Further,it is reasonable to require that if one or more of said trees <br /> dies or is removed within the first 5 years after redevelopment of the site <br /> commences,said trees will be replaced immediately with the most substantial <br /> trees of like character that can feasibly be transplanted in the approximate <br /> same locations as the tree lost. <br /> 7. The City Council has considered this application including the findings and <br /> recommendations of the Planning Commission, reports by City staff, comments <br /> by the applicants and applicants' agents, and the effect of the proposed variance on <br /> the health, safety and welfare of the community. <br /> 8. The City Council finds that the conditions existing on this property are peculiar to it <br /> and do not apply generally to other property in this zoning district; that granting the <br /> variance would not adversely affect traffic conditions,light,air nor pose a fire hazard <br /> or other danger to neighboring property;would not merely serve as a convenience to <br /> the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is <br /> necessary to preserve a substantial property right of the applicant; and would be in <br /> keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the <br /> City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings,the Orono City Council hereby grants <br /> a variance to Orono Municipal Zoning Code Sections 10.22 Subdivision 2 and 10.56 Subdivision <br /> 16(L)(2)to allow hardcover in the 75-250'zone in the amount of 32.43%where only 25%hardcover <br /> is normally allowed, subject to the following conditions: <br /> 1. Council approval is based on the site plan submitted by the applicant and as modified <br /> by City staff to show the driveway width reduced to 14' for the first 40', attached to <br /> this resolution as Exhibit A. Any amendments to the site plan may require further <br /> Planning Commission and City Council review. <br /> Page 4of7 <br />