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^ I <br />3. <br />TV ' <br />4. <br />5. <br />The Planning Commission reviewed this application at a public hearing <br />held on April 18, 2005 and recommended approval of the hardcover <br />variance and conditional use permit based on the following findings: <br />a. City Code 78-1282 allows for the installation of stairs, liOs and <br />landings in place of major topographic alterations on steep slopes. <br />b. The proposed changes to the stair system and wall result in a reduction <br />in hardcover from 4.6% to 4.5%. <br />c. The proposed 4.5% hardcover is allowed pursuant to City Code 12- <br />1282. <br />d. The existing wooden stairs and landings have a greater visual impact <br />from the lake than the proposed stair system. <br />e. The proposed glacial boulder walls will be screened from the lake by <br />vegetation for a natural looking slope. <br />f. The reconstruction of a wall 4 ’ or less in height and maintenance of a <br />slope no greater than 2:1 is supported by the City ’s Engineer, and is <br />necessary to stabilize the slope and protect the slope from damage. <br />g. The applicants have provided a restoration plan meeting the goals and <br />intent of the Zoning Code and the Orono Community Management <br />Plan. <br />The City Council has considered this application including the findings <br />and recommendation of the Planning Commission, reports by City staff, <br />comments by the applicant and the public, and the effect of the proposed <br />variance on the health, safety and welfare of the community. <br />The City Council finds that the conditions existing on this property are <br />peculiar to it and do not apply generally to other property in this zoning <br />district; that granting the variance would not adversely affect traffic <br />conditions, light, air nor pose a fire hazard or other danger to neighboring <br />property; would not merely serve as a convenience to the applicant, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicant; and would be in <br />Page 2 of 5 <br />f:! <br />> i- <br />t