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4. The City Council finds that the conditions existing on <br />this property are peculiar to it and do nc ; apply generally <br />to other property in this zoning district; that granting the <br />variance vould not adversely affect traffic conditions/ <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 applicant, but is necessary to alleviate <br />a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicant; and <br />would be in keeping with the spi.;it and intent of the Zoning <br />Code and Comprehensive Plan of the 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 her^-by grants a variance to Municipal Zoning Code <br />Sections 10.55, Subdivision 8 to allow filling within the <br />lakeshore protected area, and per Municipal Zoning C?de Section <br />10.03, Subdivision 19 grants a conditional use permit to all'^w <br />filling in excess of 100 cubic vards within the lake-ihore <br />protected area, subject to the following conditions; <br />1. City staff to work with applicant to resolve maximum <br />height for exposure of retaining wall installed within <br />adjacent road bed and the access stair to lake to be <br />redesigned so that proposed retaining wall is not necessary. <br />2. 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 rcraining \ ills within one year of the date of Council <br />approval, or the special conditions of this resolution w;i . I <br />expire on that date (June 12, 1990). <br />Page 2 of 4