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• .� . . <br /> �, �. , � . <br /> . � O� <br /> O O <br /> � CITY of ORONO <br /> � � <br /> '�' RESOLUTION OF THE CITY COUNCIL <br /> �'�'� �G <br /> '�kEsxo�`' No. f; 1 �° <br /> a. The proposed excavation and filling is to allow for the waterproofing of an <br /> existing tunnel leadi.ng 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 w;th <br /> Resolution No. 3539 on March 13, 1995, but th� ir�formation w�ih t�at <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 permit 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 36" elm by planting two <br /> 4'/2" 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 tb_e comm�.�.nity. <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 properiy in this zoning district; that granting <br /> the variance and conditional use pernut 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 <br />