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Y OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 547 plan is not out of conformance with the general neighborhood and will not result in a negative impact to the adjacent properties. v. The conditions do not apply generally to other land or structures in the district in which the land is located. Many other properties along the lake shore have similar erosion concerns. w. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the Owners. x. The granting of the setback variance is necessary in order to preserve health and safety by preventing further erosion and damage to the lake slope on the Property. y. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variance is necessary in order to stop the current damage and prevent further erosion into the lake. 4. The Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Owners and the public, and the effect of the proposed variance and conditional use permit 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 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: a CUP pursuant to Orono Municipal Zoning Code Sections 78-966, 78-967 and 78-1286 to allow grading for construction of subterranean retaining walls and landscape plantings in conjunction with slope stabilization measures within 75 feet of the OHWL on the Property; and variances to Orono Municipal Zoning Code Sections 78-1288, 78-1680 and 78-1700 to allow new hardcover in conjunction with construction of subterranean retaining walls within 75 feet of the OWHL of Tanager Lake where no hardcover is permitted; subject to the following conditions: Page 4 of 7