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5* 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 variances would <br />not adversely affect traffic conditioner lightr air nor pose a fire <br />hazard or other danger to neighboring property; would not merely serve <br />as a convenience to the applicant, but is necessary to alleviate a <br />demonstrable hardship or difficulty; is necessary to preserve a <br />substantial property right of the applicant; and would be in keeping <br />with the spirit and intent of the Zoning Code and Comprehensive Plan <br />of the City. <br />The City Council finds that granting a conditional use permit to <br />allow the proposed grading in the 0-75* lakeshore setback zone will <br />not be detrimental to the health, safety or general welfare of the <br />public, would not adversely affect light, air nor pose a fire hazard <br />or other danger to neighboring properties, nor will it depreciate <br />surrounding property values and that the proposed level of use of the <br />property will be in keeping with the intent and objectives of the <br />Zoning Code and Comprehensive Plan of the City. <br />COHCLOSIOHS, ORDER AHD COUP .TIOHS <br />Based upon one or more of the above findings, the Orono City <br />Council hereby grants a variance to Municipal Zoning Code Section 10.22, <br />Subdivision 1 to allow an encroachment of 2* past the average lakeshore <br />setback zone where no encroachment is normally allowed, and grants a <br />variance to Section 10.22, Subdivision 2 to allow hardcover of 25.1% in the <br />southerly 0-75* lakeshore setback zone where no hardcover is normally <br />allowed, and allow 31.9% hardcover in the 75-250* setback zone where only <br />25% hardcover is normally allowed, and grants a variance to Municipal <br />Zoning Code Section 10.55, Subdivision 8 and a conditional use permit per <br />Municipal Zoning Code Section 10.03, Subdivision 19 to allow regrading of <br />the yard areas in the 0-75* lakeshore setback zone where filling and <br />grading is normally not allowed, subject to the following conditions: <br />1, Construction shall adhere to the site plan attahced to this <br />resolution as Exhibit A. <br />Page 3 of 6