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0 <br />;� CITY of ORONO <br />'0 ... <br />RESOLUTION OF THE C11+..NCIL <br />11� _ NO.347.6 <br />ti <br />\kEST<10 <br />o. The structure could be placed on property meeting the required 75' <br />setback from all lot lines. <br />C. If structure was to be placed in a conforming location on the higher <br />elevations to the north and west, tower would have greater visual impact <br />on the adjacent residential property. <br />d. Tke owner of the property and the adjacent property owner have agreed <br />to execute agreements that would release the City from all liabilities <br />should the structure in its present nonconforming location collapse and <br />result in property damage. <br />4. The City Council finds that the conditions existing on this property are peculiar <br />to it and do not apply generally to other property in this zoning district; that <br />aranun- the variance would not adversely affect traffic conditions, light, air nar <br />pose a fire hazard or other danger to neighboring properties; would not merely <br />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 indent of the <br />Zoning Code and Comprehensive Plan of the City. <br />5. The City Council finds that granting a conditional use permit to allow a 75' <br />antenna/tower structure to remain in its present location will not be detrimental <br />to the health, safety or general welfare of the public, would not adversely affect <br />light, air nor pose a fire liaza-d or other danger to neighboring properties, nor <br />Will its use depreciate surrounding property values and that the proposed level of <br />use of the property will be in keeping with the intent and objectives of the Zoning <br />Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AIND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />°rants a conditional use permit and a variance to Municipal Zoning Code Section 10.28, <br />Subdivision 3 (A) to allow the antenna/tower structure to remain at a 32' setback from the west <br />lot line requiring a 43' or 57% variance and grants a conditional use permit for an independent <br />antenna/tower structure to be at a maximum height of 75', subject to the following conditions: <br />Page 2 of 5 <br />w fum ar >- <br />