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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />t `c' NO. <br />B) The proposed grading wi?L not create additional run-off <br />to the lake. <br />C) The proposed grading will have no effect on the <br />neighborhood drainage pattern. <br />D) Portions of the grading, near County Road 13, are <br />necessary to alleviate existing drainage problems. <br />E) Based on the grading plans submitted, the proposed fill <br />does not constitute a berm as such; except for the rtion <br />of elevation 9441--946' located 50' back from the r.L .-of- <br />1.73y line, and the` berm is of a height and locatio,, that <br />11 11 not cause v, problems for the adjacent properties. <br />5. ThiL lot has uni,:;ue concerns because the ler parcel is <br />taxed separately from the residence part &� -,cial lot <br />combination was not filed when the plat ws ; approved, hence a <br />dock would be allowed on Outlot B only if Outlot B is combined <br />;.th Lot 1 through a special lot combination. <br />The City Coun,�-1 finds that the conditions existing on this <br />property ar,. pecu. ar to it and do not apply generally to other <br />property in this zoning district; that granting the variance <br />world not adversely affect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring properties; <br />would not mF:(;ly serve as a convenience to the applicant, but is <br />necessary to alleviate a demonstrable hardshla or difficulty; is <br />necessary to preserve a substantial proFr right of the appli- <br />cant; and would be in keeping with the sp.,rit and in}-nt of the <br />Zoning Code and Comprehensi►e Plan of the City. <br />7. The City 'cil finds that granting a conditional use permit <br />to allow the posed grading and filling will not be letrimental <br />to the healt safety or general welfare of the public,, would not: <br />adversely affect light, 4ir nor pr e a fire h; or other <br />danger to neighboring properties, nor will iepreciate <br />surrounding property values and that the propos• . lt,el of use of <br />the property will :)e in keeping with the inter. old objectives of <br />the Zoning Code and Comprehensive Plan of the Cit}. <br />CONCLUbIONS, ORDEr ND CONDITIONS <br />Based upon one or more of the above findings, the Orono City <br />Council `',ereby grants a corlitional use permit per Municipal Zoning <br />Code Section 10.03, Subdivision 19 for grading and filling in the <br />amount of 5,000-10,000 cubic lards; and grants a variance to Sections <br />10.22, Subdivision 2 anC LMS , Subdivision 8 for grading and filling <br />rithin the 0-75' lakeshore scrback area; and grants a variance to <br />Section 10.03, Subdivision 9 tD) to allow the c^ struction of a <br />swimming pool. accessory structure in the front y-,-,; .rca, subj-ct to <br />the following conditions: <br />Page 2 of 4 <br />