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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />No t11 6 '~ . -------- <br />The property wasp latted as 1ight of way in order to provide access to inland roads <br />and properties on the island, such access being necessary for the protection of the <br />public health, safety and welfare. Strict adherence to the ordinances would prohibit <br />use of the property for its intended purpose. <br />B) The 1ight ofwayplatted to the lakeshore is a unique circumstance to the Island and <br />was created in 1887 for the public benefit by prior owners of the stmounding <br />prope1iy, and is not a circumstance created by the City. <br />C) Construction of a roadway 1 O' in width within the 90' wide corridor will not alter <br />the essential character of the locality and will replace a similar access road which <br />existed nearby on private property for many decades. <br />D) The establishment of a suitable roadway is a substantial prope1iy 1ight inherent in <br />platted right-of-ways. Denial of the vmiances and CUP would deny the public of <br />this right. <br />5. The City C0tmcil finds that the re-establishment of a pedestrian and vehicular access at the right-of- <br />wayin question is necessary to balance the City's goal of providing only the minimum necessary <br />public services to the island, with the inherent need for access for inland prope1ties, for emergency <br />services, and for occasional service vehicles. <br />6. The City Council has considered this application including the findings and recommendations of the <br />Planning Conunission, repmis by City staff, comments by the applicant and the public, and the <br />effect of the proposed variances and conditional use pennit on the health, safety and welfare of the <br />community. <br />7. The City Council finds that the conditions existing on this prope1iy are peculiar to it and do not <br />apply generally to other property in this zoning district; that granting the variances and conditional <br />use pennit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other <br />danger to neighboring property; would not merely serve as a convenience to the applicant, but is <br />necessaiyto alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial <br />property right of the applicant and the public; and would be in keeping with the spirit and intent <br />of the Zoning Code and Comprehensive Plan of the City. <br />Page3of6