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b. No permanent hardcover is proposed within the lakeshore <br />protected area. <br />c. The substructure/underground support ties are 5' to 6' <br />below finished grade providing adequate treatment area for <br />surface run-off. <br />d. A permanent dock with pilings had been installed in <br />1984 and was destroyed in 1986 by the unuri u a 1 <br />pressure/shifting of the ice along this portion of shoreline <br />on Maxwell Bay. <br />e. The applicant had received approval for a similar <br />permanent dock section in 1987. The current proposal <br />proposes a less intense and greatly reduced permanent dock <br />section. <br />4. The City Council finds that the conditions existing on this <br />property are peculiar to it and do not apply generally to other <br />property in this zoning district; that granting the variance <br />would not adversely affect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring properties; <br />would not merely serve as a convenience to the applicant, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is <br />necessary to preserve a substantial property right of the appli­ <br />cant; and would be in keeping with the spirit and intent of the <br />Zoning Code and Comprehensive Plan of the City. <br />5. The City Council finds that granting a conditional use permit <br />to allow the installation of a permanent dock will not be <br />detrimental to the health, safety or general welfare of the <br />public, would not adversely affect light, air nor pose a fire <br />hazard or other danger to neighboring properties, nor will it <br />depreciate surrounding property values and that the proposed <br />level of use of the property will be in keeping with the intent <br />and objectives of the Zoning Code and Comprehensive Plan of the <br />City. <br />COMCLOSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City <br />Council hereby grants variances to Municipal Zoning Code Section <br />10.22, Subdivision 2 and Section 10.55, Subdivision 8 to allow the <br />temporary alteration of land within the lakeshore protected area and <br />Pr e 2 of 5