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, <br /> ` � O� <br /> O O <br /> • ��b. - CITY of ORONO <br /> � � � <br /> �� �'� � RESOLUTION OF THE CITY COUNCIL <br /> � �9kESH�4��' NO. � � `�� � . <br /> 7. The City Council finds that granting a conditional use permit to allow grading�vithin <br /> 5'of the property line not to be detrimental to the health,safety or general welfare of <br /> the public,would not adversely affect light,air nor pose a fire hazard or other danger <br /> to neighboring properties,nor will it depreciate surrounding properry values and that <br /> the proposed level of use of the property will be in keeping with the intent and <br /> objectives of the Zoning Code and Comprehensive Plan of the City. <br /> CONCLUSIONS, ORDER,AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby grants a <br /> conditional use pernut per Municipal Code Section 10.03, Subdivision 21 to allow grading within <br /> 5'of a lot line,and a variance from Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 <br /> (L)(2)to permit construction of a new residence allowing 2,647 s.f.(46.93%)of hardcover in the 75- <br /> 250' setback area where 1,682 s.f. (27.58 %) exists and 1,525 s.f. (25%) is allowed. Approval is <br /> subject to the following conditions: <br /> • 1. Council approval is based on the site plan submitted by the applicants attached to this <br /> resolution as Exhibit A. Any amendments to the site plan may require further <br /> Planning Commission and City Council review. <br /> 2. Applicant's contractor shall obtain the required demolition permits for the removal <br /> of the principal structure. <br /> 3. Applicant shall submit plans of engineered retaining walls for review by City staff <br /> prior to issuance of building permit. <br /> 4. Authorities granted by this variance run with the property not with the applicant,but <br /> are permissive only and must be exercised by application for a building pernut within <br /> _ one year of the date of Council approval, or this variance will expire on that date <br /> (June 12, 2001). <br /> 5. Violation of or non-compliance with any of the terms and conditions of this variance <br /> shall constitute a violation of the zoning code, shall automatically terminate any <br /> authority granted herein, and shall be punishable as a misdemeanor. <br /> • Page 3 of 6 <br />