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l City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2342 ORONO 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances per Municipal Zoning Code Section 10.22, Subdivision 1 (A) and Section 10.55, Subdivision 8 to permit the installation of a 3h foot high fence totally located within 75 feet of the lakeshore per survey dated 10/13/70 by Gordon R. Coffin and within 26 feet of a designated wetlands per City of Orono's Designated Wetlands Map of the North 1/2 of Section 17 and to waive the requirement that applicants install a turnaround on the property, subject to the following conditions: 1. A 3h foot high fence may be maintained at the present location of the existing 6 foot fence, portions of which are located within the right-of-way of Fagerness Point Road. Applicants shall execute a hold harmless agreement in order to hold the City harmless for any and all damages resulting from the placement of said fence within the road right-of-way. 2. No plantings to exceed a height of 3k feet at maturity shall be planted within an area bounded by the driveway to the south and northeast 35 feet along the street line as described in Exhibit N of the November 9, 1987 Council packets in exchange for waiving the condition that would have required a turnaround on the property. 3. The height of the existing fence shall be altered to meet the approved height of 3k feet by April lst, 1988. 4. Authorities granted with this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, for the new sections of the proposed 3k foot fence, or this variance will expire on that date (January 11, 1989). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 5