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• • City of ORONO RESOLUTION OF THE CITY COUNCIL m 2515 7. The City Council finds that the conditions existing on this pro- perty 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 demon- strable 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. 8. The City Council finds that granting a conditional use permit to allow the proposed and previously completed grading projects 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 & 20 and grants an after -the -fact variance and conditional use permit per Section 10.03, Subdivision 19 & 20 and Section 10.55, Subdivision 8 to allow grading projects including three ponds and a tee box currently being requested, and after -the -fact approval for two ditch maintenance projects, one of which was within a designated wetland area, and creation of a small pond in a fairway area, subject to the following conditions: 1. For the currently proposed projects, spoils shall be transported to the site designated as "Spoils Disposal Site" on the proposed plan, such spoils will be immediately graded and seeded upon completion of the pond excavation work. Proper erosion controls, including silt fence, shall remain.in place until the spoils site is re -vegetated. 2. Per the current fee schedule for grading projects involving more than 1,000 cubic yards of fill or excavation, applicant's contractor or applicant shall obtain a $100.00 land alteration permit prior to commencement of the work. 3. Authorities granted by this resolution • with the applicant, but are permissive only application for a building permit within Council approval, or the special condition expire on that date (October 10, 1989). Page 3 of 5 run with the property not and must be exercised by one year of the date of s of this resolution will