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3.The Orono Planning Commission reviewed this application on March 22, 1995 <br />and recommended approval of the conditional use permit and variances as <br />amended based on the following umcjue findings and hardships: <br />a. The property consists of 13.8 acres. <br />b.The strucmres on the property were constructed prior to development of <br />standards for residential construction on lakeshore properties. <br />c.On-site septic testing has been completed for the property and testing has <br />confirmed there is adequate area and suitable soils for development of on­ <br />site septic systems to serve the principal structure and the caretaker <br />residence within the oversized accessory structure. <br />d.Structural repairs to the nonconforming accessory strucmres do not <br />involve the complete restoration but merely partial structural or cosmetic <br />repair. <br />e.The retaining walls at the underground entrance to the greenhouse provide <br />the necessary support and stability to the only exterior entrance to the <br />lower level of the greenhouse. <br />f.The paved walkway located within the 0-75’ setback at the east shoreline <br />lias been installed at 4 ’ meeting the required width of accessory access <br />stairs within the 0-75’ setback area for lots with steep slope. <br />8 The paved walkway will minimize erosion of grassed lawn resulting from <br />the more intense use of the lake access stairs providing the only bathing <br />and boating access to lake for this property. <br />The City Council finds that granting a conditional use permit to allow the <br />restoration of the retaining wall within the lakeshore protected area will not be <br />detrimental to the health, safety or general welfare of the public, would not <br />adversely affect light, air nor pose a fire hazard or other danger to neighboring <br />properties, nor will its use depreciate surrounding property values and that the <br />proposed level of use of the property will be in keeping with ^ intent and <br />objectives of the Zoning Code and Comprehensive Plan of the City. <br />Page 2 of 7