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llw Cii> Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City staf!*, comments <br />by the applicants and the cfrect of the proposed variance on the health, safety <br />and welfare of the community. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hercb\ <br />grants variances to Municipal Zoning Code Section 10.22. Subdivision 1 and Section 10.56. <br />Subdivision lo (L) (1). and Section 10.55. Subdivision 8 to permit structure and hardcover <br />within 75* of the lakeshore for a stainvay and retaining wall; a conditional use permit is <br />required per Municipal Code Section 10.03. Subdivision 19 to replace the retaining wall within <br />the 75* lakeshore setback, and approval of a landscaping plan to restore vegetation removed on <br />a bluff line and within 75* of the lakeshore where limited removal is allowed subject to the <br />following conditions: <br />Ihe final site plan and landscaping plan shall be in confomiance wit'.i the <br />approvals set forth in tliis resolution and with the plans dated September 20, <br />2001. <br />The final site plan shall add 2 hardwood trees, one below the stairway and one <br />above the stairway to the approved plan final tree location shall be staked <br />prior to planting, subject to City staff approval. <br />3.A final building pemiit shall be applied for and issued by the City for the <br />stairway, retaining walls and landscaping, included with the final permit are the <br />proposed locations for the two additional trees that are required per condition <<2 <br />of this resolution of the City Council. <br />All landscaping fabric located within 75* of Ihe lakeshore shall be removed <br />before June 30. 2002 The City is allowing the fabric to remain in place to <br />provide erosion protection to the properly following the spr ng weatlier <br />conditions and to allow adequate time for new vegetation to estaolish on the <br />hillside. <br />Page 4 of 7 <br />m