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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. '3 6 n 'l <br />a. The proposed excavation and filling is to allow for the waterproofing of an <br />existing tunnel leading from near Bracketts Point Road to the basement of the <br />greenhouse. A portion of that tunnel is in the 0-75' lakeshore setback zone <br />where no excavation, grading or filling is normally allowed. <br />b. Work on the retaining walls at the entrance to the tunnel was approved with <br />Resolution No. 3539 on March 13, 1995, but the information vvith that <br />variance/conditional use permit request did not indicate the proposed <br />excavation/waterproofing/filling/regrading work was intended. <br />c. Applicant's contractor removed a 36" elm tree in the 0-75' zone without <br />obtaining a pe1mit as required by Zoning Code Section 10.22, Subdivision <br />3 and Section 10.56, Subdivision 16 (I). Removal of this tree was necessary <br />in order to allow proper completion of the proposed waterproofing work. <br />d. The applicants propose to mitigate the loss of the 3 6 11 elm by planting two <br />4½" diameter maples in its place. <br />e. Applicants propose to complete the excavation and waterproofing work and <br />restore the site to existing grades in a timely manner. <br />4. The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City staff, comments by <br />the applicant and the effect of the proposed variance on the health, safety and welfare <br />of the community. <br />5. The City Council finds that the conditions existing on this property are peculiar to <br />it and do not apply generally to other property in this zoning district; that granting <br />the variance and conditional use permit would not adversely affect traffic conditions, <br />light, air nor pose a fire hazard or other danger to neighboring properties, would not <br />merely serve as a convenience to the applicant, but is necessary to alleviate a <br />demonstrable hardship or difficulty; is necessary to preserve a substantial property <br />right of the applicant; and would be in keeping with the spirit and intent of the <br />Zoning Code and Comprehensive Plan of the City. <br />Page 2 of 7