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5. <br />6. <br />A. The steep topography of the lot requires a stairway to access the lake front. <br />B.Conrtruction activities will include excavation and placement of boulders <br />along the shoreline. <br />The Council finds that the conditions existing on this property are peculiar to it and <br />do not apply generally to other property in this zoning district; that granting the <br />variance would not adversely affect traffic conditions, light, air nor pose a fire <br />hazard or other danger to neighboring properties, would not merely serve as a <br />convenience to the applicant, but is necessary to alle-. .lie a demonstrable hardship <br />or difficulty; is necessary to preserve a substantial property right of the applicant; <br />and would be in keeping with the spirit and intent of the Zoning Code and <br />Comprehensive Plan of the City. <br />The City Council finds that granting a conditional use permit to allow proposed <br />installation of a retention wall will not be detrimental to the health, safety or <br />general welfare of the public, would not adversely affect light, air nor pose a fire <br />hazard or other danger to neighboring property, nor will its use depreciate <br />surrounding property values and that the proposed level of use of the property will <br />be in keeping with the intent and objectives of the Zoning Code and <br />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 />grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 to allow a hardcover <br />variance for boulder retaining wall and stairway in the 0-75’ setback to increase hardcover from <br />220 s.f. or 4.8% to 390 s.f. or 8.6% where no hardcover is normally allowed and has requested <br />a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 through 21 <br />for land alteration in the Shoreland District. The above conditional use permit and variance to <br />allow the construction of a stairway and installation of a toulder retaining wall subject to the <br />following conditions: <br />1.The voids between the boulders shall be filled with vegetative growth to prevent <br />piping and erosion. <br />Page 2 of 4