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4. The City Council finds that the conditions existing on <br />this property are peculiar to it and do not apply generally <br />to other property in this zoning district; that granting the <br />variance would not adversely affect traffic conditionSf <br />light, air nor pose a fire hazard or other danger to <br />neighboring properties; would not merely serve as a <br />convenience to the applicants, but is necessary to <br />alleviate a demonstrable hardship or difficulty; is <br />necessary to preserve a substantial property right of the <br />applicants; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the <br />City. <br />5. The City Council finds that granting a conditional use <br />permit to allow the land alterations as proposed will not <br />be detrimental to the health, safety or general welfare of <br />the public, would not adversely affect light, air nor pose a <br />fire hazard or other danger to neighboring properties, nor <br />will it depreciate surrounding property values and that the <br />proposed level of use of the property will be in keeping <br />with the intent and objectives 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 <br />City Council hereby grants a variance to Municipal Zoning Code <br />Sections 10.55, Subdivision 8 to allow filling w*thin the <br />lakeshore protected area, and per Municipal Zoning Cod Section <br />10.03, Subdivision 19 grants a c;*>ditional use permit vo allow <br />filling in excess of 100 cubic yards within the lakeshore <br />protected area, subject to the following conditions; <br />1. Authorities granted by this resolution run with the <br />property not with the applicant, but are permissive only and <br />must be exercised by application for a building permit for <br />the retaining walls within one year of the date of Council <br />approval, or the special conditions of this resolution will <br />expire on that date (June 12, 1990). <br />2. Violation of or non-compliance with any of the terms and <br />conditions of this resolution shall constitute a violation <br />of the zoning code, shall automatically terminate any <br />authority granted herein, and shall be punishable as a <br />misdemeanor. <br />Page 2 of 5