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, t g , " <br /> � � � Cit� o� ORONO � <br /> RESOLUTION OF THE CITY COUNCIL <br /> � NO. 2642 <br /> • - • e <br /> 4. The City Council finds that the conditions existing on <br /> this property are peculiar to it and do not apply generally <br /> to 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 properties ; would not merely serve as a <br /> convenience to the applicants , but is necessary to <br /> alleviate a demonstrable hardship or difficulty; is <br /> necessary to preserve a substantial property right of the <br /> applicants; and would be in keeping with the spirit and <br /> intent of the Zoning Code and Comprehensive Plan of the <br /> City. <br /> 5. The City Council finds that granting a conditional use <br /> permit to allow the land alterations as proposed will not <br /> be detrimental to the health, safety or general welfare of <br /> the public, would not adversely affect light, air nor pose a <br /> fire hazard or other danger to neighboring properties, nor <br /> will it depreciate surrounding property values and that the <br /> proposed level of use of the property will be in keeping <br /> with the intent and objectives of the Zoning Code and <br /> Comprehensive Plan of the City. <br /> CONCLIISIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono <br /> City Council hereby grants a variance to Municipal Zoning Code <br /> Sections 10.55, Subdivision 8 to allow filling within the <br /> lakeshore protected area, and per Municipal Zoning Code Section <br /> 10.03 , Subdivision 19 grants a conditional use permit to allow <br /> filling in excess of 100 cubic yards within the lakeshore <br /> protected area, subject to the following conditions: <br /> l. Authorities granted by this resolution run with the <br /> property not with the applicant, but are permissive only and <br /> must be exercised by application for a grading permit for <br /> filling and grading within the lakeshore protected area <br /> within one year of the date of Council approval , or the <br /> special conditions of this resolution will expire on that <br /> date (June 12, 1990 ). <br /> 2. Violation of or non-compliance with any of the terms and <br /> conditions of this resolution shall constitute a violation <br /> of the zoning code, shall automatically terminate any <br /> authority granted herein, and shall be punishable as a <br /> misdemeanor. <br /> Page 2 of 5 <br />