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5. <br />convenience to the applicants, but is necessary to alleviate a demonstrable hardship <br />or difficulty; is necessary to preserve a substantial property right of the applicants; <br />and would be in keeping with the spirit and intent of the Zoning Code and <br />Comprehensive Plan of the City. <br />ITie City Council finds that granting a conditional use pennit to allow the installation <br />of a 2' retaining w all at the shoreline and the filling of approximately 14.8 cubic <br />yards of fill within the floodplain 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 w ill <br />be in keeping with the intent and objectives of the Zoning Code and Comprehensive <br />Plan of the Citv. <br />CONCLl SIGNS, ORDER AM) CONDITIONS <br />Based upon one or more of the abo\ e findings, the Orono City Council hereby grants <br />variances to Municipal Zoning Code Sections 10.55, Subdivision 8 and a conditional use permit per <br />Section 10.55, Subdivision 10 (B), and Section 10.56. Subdivision 13, subject to the following <br />conditions: <br />1.Silt fencing shall be installed along the shoreline during the period of installing the <br />timber wall until all disturbed ground area is restored with natural ground cover. <br />Suitable plantings to be installed adjacent to or at top of wall to minimize visual <br />impact from public waters. ITie wall shall be constructed of treated wood. <br />3.fhe building pennit for the garage cannot be issued until the drainage tile is installed <br />at the property to the immediate north located at 1685 Concordia Street. Tlie City <br />Engineer shall approve the final grading and drainage plans for the encroachment of <br />the lloodplain to reconfirm for City that the Hooding of accessory structures located <br />at 1685 and applicants' propeny will not be flooded as a result of the proposed <br />impro\ement. <br />Faue 3 of 5 <br />It