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8. The Council finds that channeliza':ion of roof run-off water through <br />a pipe directly through the lakeshore bank is not acceptable because <br />that method of transport greatly reduces the possibility for <br />infiltration of run-off water into the ground, in direct conflict with <br />the City's goal of maximizing infiltration of runoff which tends to <br />reduce the amount of impurities. Council recognizes the applicants <br />concerns regarding saturation -related bank erosion, and finds that <br />there are other potential methods available to reduce such saturation <br />without piping roof runoff water directly to the lakeshore. <br />9. The City Council finds that the conditions existing on this <br />property are peculiar to it and a-, not apply generally to other <br />property in this zoning district; that granting the variances would <br />not adversely affect traffic conditions, light, air nor pose a fire <br />hazard or other danger to neighboring property; would not merely serve <br />as a convenience to the applicant, but are necessary to alleviate a <br />demonstrable hardship or difficulty; are necessary to preserve a <br />substantial property right of the applicant; and would be in keeping <br />with the spirit and intent. of the Zoning Code and Comprehensive Plan <br />of the City. <br />10. The City Council finds that granting a Conditional Use Permit to <br />allow the bank restoration method found to be acceptable by the <br />Council will not be detrimental to health, safety, or general welfare <br />of public, would not adversely affect light, air, nor pose a fire <br />hazard or other danger to neighboring properties, nor will it <br />depreciate surrounding property values, and finds that the proposed <br />level of use of the property will be in keeping with the intent and <br />objectives of the Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City <br />Council hereby grants variances to Municipal Zoning Code Section 10.22, <br />Subdivision 1 and 2 and Section 10.55, Subdivision 8, for construction of <br />a deck and retaining wall which constitute structure and hardcover in the 0 <br />to 75' lakeshore setback zone where no such hardcover and structure is <br />normally allowed, and which deck encroaches on the required average <br />lakeshore setback; and grants a Conditional Use Permit per Section 10.03, <br />Subdivision 19 and 20 for grading, filling and excavation within the 0-75' <br />lakeshore setback zone where such work is not normally allcwed, subject to <br />the following conditions: <br />Page 7 of <br />