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.'0. r City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2 386 A) There are no additional adjacent lands available. B) Topograr'►y restricts the location of the mound septic system to the more gradual gentle elevations at the proposed location. C) The required location of the septic system and the depth of the lot place severe restrictions on the location of the well and the seasonal dwelling. D) The proposal appears consistent with thF current pattern of development of undeveloped properties on Big Island. 5. The City Council finds that the conditions existing on this pro- perty are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect nor impact 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 demon- strable 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. Tne City Council finds that granting a conditional use permit to allow the installation of the well at the proposed location 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 properties, nor will it depreciate surrounding property values and that the proposed le•tel of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCIXSIONS, ORDRR AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.31, Subdivision 8 (C) and (D)(2) to allow the seasonal dwelling to be constructed 10' from the side or internal lot line and the well 50' from the lakeshore and grants a conditional use permit per Section 10.03, Subdivision 19 to allow the installation of the well within the 75' lakeshore protected area, subject to the following conditions: 1. Authorities granted by this resolution with the applicant, but are permissive only application for a building permit within Council approval, or the special conditions expire on that date (March 28, 1989). run with the property not and must be exercised by one year of the date of of this resolution will Page 2 of 4