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0 <br />ON <br />CITYof ORONO <br />RESOLUTION OF THE' CITY COUNCIL <br />EL <br />NO. _65 8 <br />3. The Planning Commission reviewed this application at a public hearing <br />held on August 20, 2007 and recommended approval of the conditional <br />use permit on their Consent Agenda based on the following findings: <br />a. The Applicants have demonstrated compliance with City Engineer's <br />recommendations regarding size and safety measures for the pond. <br />The Applicants intend to utilize water from the pond to irrigate their <br />lawn. <br />b. The pond as proposed will have no. negative affect on the adjacent <br />properties. <br />c. The Property exceeds the 2.0 acre minimum lot area requirement <br />4. The City Council has considered this application including the findings <br />and recommendation of the Planning Commission, reports by City staff, <br />comments by the applicants and the public, and the effect of the proposed <br />conditional use permit on the health, safety and welfare 'of the community. <br />5. The City Council finds that the conditions existing on this Property are <br />peculiar to it and do not apply generally to other property in this zoning <br />district; that granting the conditional use permit would not adversely affect <br />traffic conditions, light, air nor pose a fire hazard or other danger to <br />neighboring property; would not merely serve as a convenience to the <br />applicants, but is necessary to alleviate a demonstrable hardship or <br />difficulty; is necessary to preserve a substantial property right of the <br />applicants; and would be in keeping with the spirit and intent of the <br />Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants a conditional use permit per Orono Municipal Zoning Code Section 78--967 to <br />allow grading in excess of 500 cubic yards for the construction of a stormwater retention <br />pond located on the Property, subject to the following conditions: <br />1. Council approval is based on the site plan submitted by the applicants and <br />annotated by City staff, attached to this Resolution as Exhibit A. Any <br />Page 2 of 5 <br />