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� r.. . :- � e. c�t o� oR,oNo � • ' � RESOLUTION OF THE CITY COUNCIL � NO. 2413 • � • • WHEREAS, 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; granting a 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; and � WHEREAS, the City Council finds that granting a conditional use permit to allow the construction of a driveway less than 26' from the edge of the designated wetland will not be detrimental to the health, safety or general welfare of the public, would 'not adversely affect light, air nor pose a fire 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. � CONCI�IISIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby approves the applicants current request to revise the original driveway location to a more suitable location within 26' of the designated wetland and requiring an easement across the neighboring property. The conditions of approval of the variance and ' conditional use permit granted in Resolution #2305 are hereby revised to read as follows: 1. Land Alteration Permit #00623 issed to the applicants contractor, Mason Homes , shall remain in effect for the restoration work required herein and for the proposed new driveway construction. Applicants shall call for a final site inspection upon completion of site restoration for the previously � approved driveway, and upon completion of the revised driveway. 2. The contractor shall to the greatest extent possible remove the fil 1 material that was placed in the wetland and shall remove any remaining fill placed near the cul-de-sac area. Restoration shall be completed and approved by City staff no later than October l, 1988. • 3. The wetland areas disturbed by the unsuccessful driveway construction attempt shall be allowed to return to their natural state. No further attempt to construct or reconstruct a driveway in that location is allowed without City approval. Page 2 of 5 .