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O , O CITY of ORONO <br /> RESOLUTION OF IMM 5IY COUNCIL <br /> G NO. <br /> SH0 <br /> k. The Applicant's request is in harmony with the purpose and intent of the <br /> ordinance. <br /> I. The Applicant has demonstrated that enforcing the provisions of the Zoning <br /> Ordinance deprives the Applicant of the reasonable use of their Property. <br /> m. The proposed grading within the 75-foot setback area will not have an <br /> adverse impact on surrounding lands. Drainage patterns for runoff leaving <br /> the site will not be significantly altered. The resulting grade will be more <br /> gradual than existing and similar to the other properties in the neighborhood. <br /> n. The applicant has provided a landscape plan which will serve to screen and <br /> mitigate views of the retaining walls and stairs from the lake in a natural <br /> manner. <br /> 4. The City Council has considered this application including the findings and <br /> recommendation of the Planning Commission, reports by City staff, comments by <br /> the Applicant and the public, and the effect of the proposed variance and CUP on <br /> the health, safety and welfare of the community. <br /> 5. The City Council finds that the conditions existing on this Property are peculiar to <br /> it and do not apply generally to other property in this zoning district; that granting <br /> the variance and CUP would not adversely affect traffic conditions, light, air nor <br /> pose a fire hazard or other danger to neighboring property; would not merely <br /> serve as a convenience to the Applicant, but is necessary to alleviate a practical <br /> difficulty; is necessary to presence 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 /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby grants a <br /> variance to Orono Municipal Zoning Code Section 78-1279(6) to allow construction of a new <br /> home ahead of the average lakeshore setback; and a CUP pursuant to Orono Municipal Zoning <br /> Code Section 78-966 to allow grading for construction of new retaining walls and stair system in <br /> conjunction with removal of the existing retaining walls and stairs within the 75-foot setback on <br /> the Property; subject to the following conditions: <br /> 1. Council approval is based on the survey, landscape plans and building plans submitted <br /> by the Applicant and annotated by City staff, attached to this Resolution as Exhibits B, C, <br /> Page 3 of 5 <br />