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� � � ��' CITY of ORONO O O • • `�'.?��-� RESOLUTION OF THE CITY COUNCIL r� ±� 1 .' � ,� 'f �Y `��,` �, NO. � � �� ti ��9� og�G EsK 11. The Council finds that the conditions existing on this properry are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not�adversely affect traffic conditions, light, air nor pose a • fire hazard or other danger to neighboring properties, would not merely serve as a� convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant;�and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 12. The City Council finds that granting a conditional use permit to allow the continued use of the faciliry as a fine arts school offering full-time instruction will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a �re hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and • objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council concludes , that applicant's proposed use of the property as a school of fine art instruction is a legal non- conforming use of the property and hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 5. The Council further concludes that the configuration of the Hill School property and the historic background and school use of the property are unique and � consequently grants a variance that would allow open parking stalls within the required side street yard. This approval is subject to the following conditions: 1. Applicant has received approval of a variance to allow open parking within a required side street yard area as shown on approved site plan attached to this resolution as Page 7. Applicant shall be responsible for installing a median within Briar Street right-of-way as shown on said site plan to be completed by November 9, 1994. Applicant shall provide an updated survey locating travelled ' right-of-way of Briar Street. • Page 3 of 7 Fam5005 DiskOrono