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City of ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> • <br /> NO. 1823 <br /> • w • • <br /> 5. The City Council finds that the conditions existing on this <br /> property are peculiar to it and do not apply generally to other <br /> property in this zoning district; that granting the variance <br /> would not adversely affect traffic conditions, light, air nor <br /> pose a fire hazard or other danger to neighboring property; would <br /> not merely serve as a convenience to the applicant, but is <br /> necessary to alleviate a demonstrable hardship or difficulty; is <br /> necessary to preserve a substantial property right of the appli- <br /> cant; and would be in keeping with the spirit and intent of the <br /> Zoning Code and Comprehensive Plan of the City. <br /> 6. The City Council finds that granting a conditional use permit <br /> to the applicant for the proposed regrading and tree removal <br /> would not be detrimental to the health, safety or general welfare <br /> of the public, nor will it depreciate surrounding property values <br /> and the level of use of the property limited by the pertinent <br /> sections for non-conforming uses within the Zoning Code and <br /> Comprehensive Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon the above findings, the Orono City Council hereby <br /> grants a variance to Municipal Zoning Code Section 10.22, Subdivision <br /> 3 to allow the removal of 4 trees in the 0-75' lakeshore setback zone; <br /> and a variance to Section 10.55, Subdivision 8 and a conditional use <br /> permit per Section 10.03, Subdivision 19 to allow filling and grading <br /> within the 0-75' lakeshore setback area, subject to the following <br /> conditions: <br /> 1. The 4 trees allowed to be removed include 2-8 diameter <br /> Willows, 1-24" Cottonwood and 1-30" Cottonwood, all of which <br /> overhang the lakeshore bank. These trees shall be replaced by <br /> applicant with 4 trees to be located within the 0-75' Lakeshore <br /> setback area. <br /> 2. The applicant shall rip-rap the lakeshore bank in order to <br /> avoid further bank erosion and loss of trees. <br /> 3. Applicant. shall regrade the lakeshore yard in accordance with <br /> the plans approved by the City Engineer. Applicant shall notify <br /> City ,staff prior to the date grading will commence, and shall sod <br /> the graded area within 7 days of completion of the regrading. <br /> 4. Applicant shall maintain the existing hay bale sedimentation <br /> barrier - until such time that the regraded area has been <br /> revegetated and stabilized to ensure no sediment enters the lake. <br /> Page 2 of 4 <br />