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2 <br />61 <br />City of ORONO <br />RESOLUTION OF ?HE CITY COUNCIL <br />NO. 1873 <br />4. TY.e applicant has submitted substantial documentation <br />indice.ting that filling has primarily occurred in the area to <br />be excavated. <br />5. The applicant has submitted a 'landscape plan that <br />indicates a 35' strip of yard i.trea will be disturbed, leaving <br />an area 30' back from the lake totally undisturbed. The <br />landscape plan incorporates a replacement of the existing <br />stairway with no net. additional hardcover in the 0-75' <br />setback zone. The landscape plan also incorporates the <br />plant:inc of trees and shrubs in the Lakeshore yard where such <br />vegetation does not current-y exist. <br />6. Vie City Council has considered this application <br />including the findings and recommendations of the Planning <br />Commission, reports t-y staff and comments of the applicant <br />and tt.e of fect of the proposed use or, the health, safety, and <br />welfare of the commu city. <br />7. The CiLy council finds• that granting a conditional use <br />permit to allow to regrading cf the lakeshore yard will not be <br />detrimental to the health, safety or general welfare of the <br />public, would not adversely affect ligt.t, air nor pose a fire <br />hazard or other danger to neighboring properties, nor will it <br />depreciate surrounding property values and tha _ the proposed <br />level of use of the property wi 11 he in keeping with the intent <br />and objectives of the 'Zoning Code and C-omprehensive Plan of <br />the City. <br />8. 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; would not merely <br />serve at; a convenience to the applicant_, but is necessary to <br />alleviate a demonstrable hardship or difficulty; and is <br />necessary -co ;preserve a sabsstantial property right of the <br />applicant. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above f indir.g:;, the Orono City Council hereby <br />grants a variance to Municipal Zoning --ode Section 10.55, Subdivision <br />8, and a conditional use permit per Municipal Zoning Code Section <br />10.03, Subdivision 19 to permit the regradinq of the lakeshore yard at <br />2056 Shadywood rioad, subject to the following conditions: <br />Page 2 of 4 <br />