05-29-1990 Council Packet - Laserfiche WebLink

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A) The 33" high, 30' long retaining wall located to the immediate land side of the sand blanket located within the lakeshore protected area appears a satisfactory method to deter future erosion of the lower lakeside bank. B) The access stairs at less than 3' in width meets the informal standards of the City for lake access stairs for lakeshore lots with steep banks. C) The 13'5"x5'42" lakeshore deck is conditionally acceptable as removal will create more of an impact on the steep lakeshore bank. At the time structural repairs are required, the deck will be removed. 4. 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 would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zonir;^ Code and Comprehensive Plan of the City. 5. The City Council finds that granting a conditional use permit to allow the retaining wall to remain within the lakeshore yard will not be detrimental to the health, safety or general welfare of the public, would iioi ■’verse y affect light, air nor pose a fire hazard or er danger to neighboring properties, nor will it deprecx.^'ie surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives 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 after-the-fact variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2 and an after- the-fact conditional use permit per Section 10.03, Subdivision 19 to allow the above referenced structures to remain without modification subject to the following conditions; Page 2 of 4