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e.The applicant should not be penalized in terms of transfer of hardcover <br />from the 0-75’ zone to the 75-250’ zone for the hardcover necessary to <br />stabilize the lakeshore bank. <br />f. The lakeshore bank restoration and revegetation is necessary to <br />maintain the shoreline in a manner consistent with the natural <br />character intended by the City as indicated in the Conununity <br />Management Plan. <br />4.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 applicants and the public, and the effect of the proposed <br />variances and land alteration CUP on the health, safety and welfare of the <br />community. <br />5.The City Council finds that the conditions existing on this property arc <br />peculiar to it and do not apply generally to other property in this zoning <br />district; that granting the variances and CUP would not adversely affect <br />traffic conditions, light, air nor pose a fire hazard or other danger to <br />neighboring property; would not merely serve as a convenience to the <br />applicants, but is necessary to alleviate a demonstrable hardship or <br />difficulty; is necessary to preserve a substantial property right of the <br />applicants; and would be in keeping with the spirit and intent of the <br />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 hereby <br />denies a variance to Municipal Zoning Code Sections 78-281, 78-1288, 78-1281, and 78- <br />1432, and hereby requires that the boathouse be removed; and grants variances to <br />Municipal Zoning Code Sections 78-1112 and 78-1288 (a), and a conditional use permit <br />per Sections 78-966 and 78-1250 to allow the proposed lakeshore bank restoration, <br />subject to the following conditions: <br />1.Council approval is based on the site grading, boulder wall and landscaping plans <br />submitted by the applicant and annotated by City staff, attached to this Resolution <br />as Exhibit A. Any amendments to the above noted plans which are not in <br />Page 3 of7 <br />iiiiMtirtiiiiiiiiii