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-� . , <br /> ,="�� <br /> � � � '���.A <br /> ������� � �''�,�''�� <br /> ���� ���� � � CITY of ORONO <br /> , � ,� <br /> '�,I'�,,�1 ,�';, t�`� - �.. ,'i <br /> � " ; �i"� ,� � i <br /> ����� �',��� � r„���. G'�j� RESOLUTION OF THE CITY COUNCIL <br /> \9kESH0��� N O. 3 0 71 <br /> ���- <br /> B. The current drainageway cannot handle large <br /> rainfalls causing flooding in the lakeshore yards. <br /> C. The drainage ditch bank as it exists today <br /> sustains serious erosion. <br /> 4 . The City Council finds that the conditions existing on <br /> this property are peculiar to it and do not apply <br /> generally to other property in this zoning district; <br /> that granting the variance would not adversely affect <br /> traffic conditions, light, air nor pose a fire hazard <br /> or other danger to neighboring properties; would not <br /> merely serve as a convenience to the applicant, but is <br /> necessary to alleviate a demonstrable hardship or <br /> difficulty; is necessary to preserve a substantial <br /> property right of the applicant ; and would be in <br /> keeping with the spirit and intent of the Zoning Code <br /> and Comprehensive Plan of the City. <br /> 5 . The City Council finds that granting a conditional. use <br /> permit to allow land alterations within a public <br /> drainageway and the lakeshore protected area wi1Z not <br /> be detrimental to the health, safety or general welfare <br /> of the public, would not adversely affect light, air <br /> nor pose a fire hazard or other danger to neighboring <br /> properties, nor will it depreciate surrounding property <br /> values and that the proposed level of use of the <br /> property will be in keeping with the intent and <br /> objectives of the Zoning Code and Comprehensive Plan of <br /> the City. <br /> 6 . The City Council has considered this application <br /> including the findings and recommendations of the <br /> Planning Commission, reports by staff and comments of <br /> the applicant and the affect of the proposed use on the <br /> health, safety and welfare of the community. <br /> CONCLIISIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above f indings, the Orono <br /> City Council hereby grants a variance to Municipal Zoning Code <br /> Section 10.55, Subdivision 8, and grants a conditional use permit <br /> per Section 10.03, Subdivision 19, to permit the alteration of a <br /> public drainageway, subject to the following conditions: , <br /> Page 2 of �6 <br />