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9. The City Council finds that regarding the retaining <br />walls, the conditions existing on this property are peculiar <br />to it and do not apply generally to other property in this <br />zoning district; that granting the variance to allow <br />construction of retaining walls would not adversely affect <br />traffic conditions, light, air nor pose a fire hazard or <br />other danger to neighboring properties, would not merely <br />serve as a convenience to the applicant but is necessary to <br />alleviate a demonstrable hardship or difficulty; is <br />necessary to preserve the stability of the lakeshore bank; <br />is necessary to preserve a substantial property right of the <br />applicant; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the <br />City. <br />10. The City Council finds that granting a conditional use <br />permit to allow the construction of the proposed retaining <br />walls will not be detrimental to the health, safety or <br />general welfare of the public, would not adversely affect <br />light, air nor pose a fire hazard or other danager to <br />neighboring properties, would not merely serve as a <br />convenience to the applicant but is necessary to alleviate a <br />demonstrable hardship or difficulty; is necessary to <br />preserve the stability of the lakeshore bank; is necessary <br />to preserve a substantial property right of the applicant; <br />and would be in keeping with the spirit and intent of the <br />Zoning Code and Comprehensive Plan of the City. <br />11. At the regular City Council meeting of September 11, <br />1989, the City Council voted 5-0 to grant after -the -fact <br />variance and conditional use permit approval for the <br />proposed walls and deck directing City staff to draft a <br />resolution to that effect. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />,ased upon one or more of the findings noted above, the <br />Orono City Council hereby grants a variance to Municipal Zoning <br />Code Section 10.22, Subdivisions 1 and 2 and Section 10.55, <br />Subdivision 8 and a conditional use permit per Section 10.03, <br />Subdivision 19 for after -the -fact approval of retaining wall <br />construction in the 0-75' lakeshore setback zone, and further <br />grants after -the -fact approval for similar variances and <br />conditional use permit for construction of a deck located 10' <br />from the lakeshore where no such structure is normally allowed, <br />subject to the following conditions: <br />Page 3 of 6 <br />