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� o� O ;�� O CITY of ORONO �� " �\'��'' � � ��'�T" -'�'� �► RESOLUTION OF THE CITY COUNCIL � , � ` .�� ti �� '� � �'�' NO. �, / � �k'EsHo4� i. The proposed grading within the 75-foot setback area is minimal and will not have an adverse impact on surrounding lands. Drainage patterns for runoff leaving the site will not be significantly altered. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicant and the public, and the effect of the proposed variances and conditional use permit on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing o,n this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances and conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council grants variances to Orono Municipal Zoning Code Sections 78-1288 and 78-1680 to allow hardcover in conjunction with construction of a replacement lake access stair and retaining walls within 75 feet of the OWHL; a variance from Code Section 78-1279 to allow construction of a replacement take access stair with retaining walls within 75 feet of the OWHL; and a conditional use permit pursuant to Orono Municipal Zoning Code Sections 78-966 and 78-1286 to allow grading for construction of new retaining walls, stair system and landscape plantings within the 75-foot setback on the Property; subject to the following conditions: 1. Council approval is based on the survey and plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A, B & C. Any amendments to the approved plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed hardcover levels are conforming to the Tier 1 standards; no hardcover variances are granted. Structural coverage limitations will also be met. 3. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only and must be exercised by obtaining permits for the project and commencing construction of said project within one year of the date of Council approval, or the approvals granted by this Resolution will expire on that date (May 12, 2015). Page 3 of 4