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5. 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 />variances would not adversely affect traffic conditions, <br />light, air nor pose a fire hazard or other danger to <br />neighboring property; 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 spirit and intent of the Zoning <br />Code and Comprehensive Plan of the City. <br />COHCLUSIONSf ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the <br />Orono City Council hereby grants the variances as set forth above <br />and approves the commercial site plan dated November 1, 1988, <br />revised January 20, 1989 by Advance Surveying and Engineering <br />Company for Smith's Bay Marina and Yacht Club, Inc., subject to <br />the following conditions: <br />1. Owner to execute a Developer's Agreement and post a <br />Letter of Credit with the City to ensure the following <br />improvements are installed: <br />A) City Engineer to approve drainage/surface water <br />treatment plan per final plans by Sathre Bergquist. <br />B) Paving of parking area, lighting, signage, and <br />installation of grassed area per plans by E.O.S. <br />Corporation of Excelsior, Minnesota dated January 10, <br />1989. <br />2. The executed Developer's Agreement and Letter of Credit <br />(amount to be 150% of the cost of required improvements) <br />must be submitted to the City prior to application for a <br />building permit for new principal structure. The City <br />Engineer shall review total improvement costs prior to <br />submittal of Letter of Credit. <br />3. Erosion control shall be employed at all times on the <br />site during the time of construction of the principal <br />structure. <br />Page 3 of 5