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�� C ITY OF ORONO RESOLUTION OF THE CIT'Y COUNCIL ��,� �,G~ N o. 6 4 � 2 kFsxo� i. The Applicant has demonstrated that enforcing the provisions of the Zoning Ordinance deprives the Applicant of the reasonable use of their Property. j. The Applicant has provided a landscape plan which will serve to screen and mitigate views of the pathway and stairs from the lake in a natural manner. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed CUP on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance and CUP would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Applicants, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicants; 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 hereby grants a CUP pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading for construction of a new lake access pathway and stair system in conjunction with removal the existing stairs within the 75-foot setback on the Property; subject to the following conditions: 1. Council approval is based on the survey and landscape plan submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the approved survey and plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The Applicant shall install landscaping to screen the proposed improvements when viewed from the lake according to the plan submitted as Exhibit B. 3. Proposed hardcover levels shall be conforming to the Tier 1 standards; no hardcover variances are granted. Structural coverage limitations shall also be met. 4. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a zoning permit for land alteration Page 3 of 5