Laserfiche WebLink
b) The c!:cisting retaining walls are in an unsafe and <br />hazardous condition and must be replaced to assure t:,e safe <br />use of the lakeshore yard. <br />c) The walls were damaged in the severe rai storm of July <br />23, 1987. The state of deterioration was rit created by a <br />lack of ma4ntenance or upkeep. <br />5. The City Council finds that the conditions existing on this <br />property are peculiar to it and du not apply generally to other <br />property in this zoning district; t:iat granting the variance <br />would not adversely affect traffic conditions, light, air i,or <br />pose a fire hazard or other danger to neighbc-rin'4 properties; <br />woulO not merely serve as a convenience to the applicant, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is <br />necessary to preserve a substantial property right -)f the appli- <br />cant; and would be in keeping with the spirit and intent of the <br />Zoning Code and Comprehensive Plan of the City. <br />6. The City Ccuncil finds that granting a conditional use permit <br />to allow the reconstruction of 17etaining walls located within the <br />lakeshore protected area that were damaged by the Jul 23, 1987 <br />rain storm will not be detrii.e,:tal to .he health, safety or <br />g-neral welfare of the public, would not — versely affect light, <br />air nor pose a fire hazard or other danger to neighboring <br />properties, nor will it depreciate surrounding property values <br />and that the proposed level of use of the property will be in <br />keeping with the intent and objectives of the Zoning Code and <br />Comprehensive Plan of the City. <br />CONCLUSIONS, JRDBR AND CONDITIONS <br />Based upon one of nore of t,ie -ibove findings, the Orono City <br />C. hereby grants variances to Municipal Zoning Code Section <br />10.. , 3ubd. 2 6 Section 10.55, Subd. 8 and a conditional use permit <br />per Section 10.03, Subd. 19 to allow the reconstruction of retaining <br />walls within the lakeshorc protected area ir, conjunction with <br />construction of a new prim `oal resider subject to the following <br />conditions: <br />1. A separate building p,-rm.it is requi.-%d for the construction of <br />new retaining walls and .access steps. Steps are limited to 4' <br />maximum width and all Structural hardcover is to be maintained at <br />537 s.f. (72 s.f. for stairs and 465 s.f. For 155 lineal feet of <br />boulder wall). <br />2 of 4 <br />