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,� °.� � <br /> � .` 0 CITY of ORO �,� <br /> �� <br /> ��\ � = RESOLUTION OF THE CITY COLT�CIL � <br /> � �'� � > � � <br /> ,� y1� :�'�-� ti No. 3 d � <br /> , r <br /> ����'�� ` �.�G~ <br /> kEsKo�`' <br /> 11. The Council fmds that the conditions existing on this property are peculiar to it <br /> and do not apply generally to other property in this zoni.ng district; that granting <br /> the variance would not adversely affect traffic conditions, light, air nor pose a <br /> fire hazard or other danger to neighboring properties, would not merely serve as <br /> a convenience to the applicant, but is necessary to alleviate a demonstrable <br /> hardship or difficulty; is necessary to preserve a substantial property right of the <br /> applicant; and would be in keeping with the spirit and i.ntent of the Zoning Code <br /> and Comprehensive Plan of the City. <br /> 12. The City Council finds that granting a conditional use permit to allow the <br /> continued use of the facility as a fine arts school offering full-time instruction will <br /> not be detrimental to the health, safety or general welfare of the public, would not <br /> adversely affect light, air nor pose a fire hazard or other danger to neighboring <br /> properties, nor will it depreciate surrounding property values and that the <br /> proposed level of use of the property will be in keeping with the intent and <br /> objectives of the Zoning Code and Comprehensive Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council concludes <br /> that applicant's proposed use of the property as a school of fine art instruction is a legal non- <br /> conforming use of the property and hereby grants a conditional use permit per Municipal Zoning <br /> Code Section 10.03, Subdivision 5. The Council further concludes that the configuration of the <br /> Hill School property and the historic back�round and school use of the property are unique and <br /> consequently grants a variance that would allow open parki.ng stalls within the required side <br /> street yard. This approval is subject to the following conditions: <br /> 1. Applicant has received approval of a variance to allow open parking within a <br /> required side street yard area as shown on approved site plan attached to this <br /> resolution as Page 7. Applicant shall be responsible for installing a median <br /> within Briar Street right-of-way as shown on said site plan to be completed by <br /> November 9, 1994. Applicant shall provide an updated survey locating travelled <br /> right-of-way of Briar Street. <br /> Page 3 of 7 � <br /> form 5005 Disl <br />