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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 1862 <br />A) The proposed f i i i ing of 190 cubic yards of fill in the <br />designated f loodplaici area below 931.5' MSL located at the <br />interior of the lot, is being offset by an equivalent amount <br />of fill to be removed near the :.akeshore area. <br />B) The slope of the land on this lot is less than 1% <br />overall, and the soil is relatively sandy, hence the cutting <br />and filling has no appreciable effect on the runoff patternF- <br />of the site. <br />C) The low curved terrace area to be located east of the <br />proposed house contains no hardcover, will in part act as <br />protection for the footings, and has no appreciable slope <br />and therefore will not have an effect on the runoff patterns <br />on the property. <br />D) The aplicants have been granted approval for this <br />project by the Minneha!a Creek Watershed District. <br />5. The City Courcii finds :hat the conditions existing on this <br />property are peculiar to it and do not apply geneiaiiy to other <br />property in this zoning d strict; that granting the variance <br />would not adversely affe_, traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring property; would <br />not merely serve as a convenience to the applicant, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is <br />necessary to preserve a !ubstai:tial property rigrt of the appli- <br />cant; and would be in keeping with the spirit and intent cf the <br />Zoninq Code and Comprehensive Plan of the City. <br />6. The C4 -:Puncil finds that granting a conditional use permit <br />to the aF nt for the proposed excavation and fill would not <br />be detrimc,.,-ai to the health, safety or general weifare of the <br />public, nor will it-!epreciate surrounding property values and <br />the level of use .)f the property will be in keeping with the <br />intent and objectives of the Zoning Code and Comprehensive Plan <br />of the City. <br />CONCLUSIONS, ORDER AND C_NDITIONS <br />Based upon the above findings, the Orono City Council hereby <br />grants a variance to Municipal Zoning Code Section 10.55, Subdivision <br />8 and Section 10.22, Subdivision 2 and grants a conditonal use permit <br />per Section 10.03, Subdivision 19 to permit the excavation and <br />regrading of fill within the 0-75' Lakeshore area and to allow <br />placement of fill within the Flood Plain area, subject to the <br />following conditions: <br />Page 2 of 4 <br />