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r <br />3. The Orono Planning Conunission reviewed this application on May 19, 2003 <br />and recommended approval by a vote of S to 0. <br />4. The Planning Commission made the following findings of fact: <br />A. The proposal reduces hardcover within the 0-75 ’ setback one; <br />B. Removal of the existing stairs and retaining walls require filling in the bluff <br />impact zone where no fill is permitted. However, stairs and landings are <br />permitted within the bluff impact zone; <br />C. Properties with major topographic changes, prohibiting a property owner to <br />access the lake, are permitted to have one set of 4’ wide stairs with 32 s.f. <br />landings to access the lakeshore; and <br />D. There is an existing deck within the 0-75 ’ setback zone which is <br />nonconforming and in need of structural repairs. The property owners were <br />notified in a previous resolution that structural repairs to the deck would <br />require City approval. <br />5. The City Council finds that the conditions existing on this property are peculiar to it <br />and do not apply generally to other property in this zoning district; that granting the <br />variances will not adversely affect traffic conditions, light, air, nor pose a fire hazard <br />or other danger to neighboring property; would not merely serve as a convenience to <br />the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is <br />necessary to preserve a substantial property right o^ the applicants; and would be in <br />keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the <br />City. <br />6. The City Council has considered this application, including the findings and <br />recommendations of the Planning Commission, reports by City Staff, comments by <br />the applicants and the effect of the proposed variances on the health, safety and <br />welfare of the community. <br />CONCLUSIONS, ORDER, AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby grants variances from <br />Municipal Zoning Code Section 10.56, Subdivision 16 (J)(2); Section 10.22, Subdivision 2; Section <br />10.56, Subdivision 16 (LXl); Section 10.56, Subdivision 16 (LX2); and Section 10.56, Subdivision <br />Page 2 of 5