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ZO O v� <br />1 <br />= - CITY of ORONO <br />t <br />�RESOLUTION OF THE CITY COUNCIL <br />,,��9E8H�� NO. 2993 <br />C. Applicant had contacted all required utility companies <br />to secure legal shut-off and appropriate notification. <br />4. The City Council finds that the conditions existing on this <br />property are peculiar to it and do not apply generally to <br />other property in this zoning district; that granting the <br />variance would not adversely affect traffic conditions, <br />light, air nor pose a fire hazard or other danger to <br />neighboring property; would not merely serve as a <br />convenience to the applicant, but is necessary to alleviate <br />a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicant; and <br />would be in keeping with the spirit and intent of the Zoning <br />Code and Comprehensive Plan of the City. <br />5. The City Council has considered this application including <br />the findings and recommendations of the Planning Commission, <br />reports by City staff, comments by the applicant and the <br />effect of the proposed variance on the health, safety and <br />welfare of the community. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City <br />Council hereby grants a variance to Municipal Zoning Code Section <br />10.03, Subdivision 19 to permit debris buried on the property to <br />remain, subject to the following conditions: <br />1. Applicant shall be responsible for completing all <br />restoration of the disturbed area by providing suitable <br />topsoil and ground cover. Prior to the restoration work, <br />Orono building inspector to confirm that former septic site <br />has been appropriately abandoned per Code requirements. <br />2. Applicant to prepare a covenant to be filed against the <br />Chain of Title locating, via a legal description, the <br />disposal site providing a survey/site plan locating said <br />site with the understanding that at some time in the future <br />if construction is to take place near or within this <br />disposal area, that owner will agree to remove any fill that <br />does not meet the current clean fill standards of the City. <br />Applicant is -asked to present a draft of the covenant for <br />the City's review and approval. <br />Page 2 of 4 <br />