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City Of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />c. The applicant and applicant's contractor had no <br />understanding of the City's philosophy nor intent of the code <br />regarding improvements within the lakeshore protected area. <br />d. James Robin, a licensed landscape architect, in his letter <br />of December 3, 1988 set forth a restoration plan for the <br />replanting of the entire disturbed area. The <br />restoration/replanting plan will provide for the immediate <br />regrowth of planting on the steep lakeshore banks and within the <br />areas to be restored. <br />5. The City Council finds that the conditions existing on this <br />property are peculiar to it and do 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 properties; would not merely <br />serve as a convenience to the applicant, but is necessary to <br />alleviate a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicant; and would be <br />in keeping with the spirit and intent of the Zoning Code and <br />Comprehensive Plan of the City. <br />6. The City Council finds that granting a conditional use permit tc <br />allow the existing improvements Within the lakeshore bank to remain as <br />amended by the City will i,ot be ditrimental to the health, safety or <br />general welfare of the public, would not adversely affect light, air <br />nor pose a fire hazard or other danger to neighboring properties, nor <br />will it depreciate surrounding property values and that the. F oposed <br />level of t:se of the property will be in keeping with the in:. nt 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 10.55 <br />Subd. 8 and Section 10.22 Subd. 2 that would allow certain land alterations <br />performed within the lakeshore of the property to remain and to grant a <br />conditional use permit per Section 10.03 Subd. 19, for the installation of <br />retaining wall and the land alteration already performed and those that <br />will be required for complete restoration of the lakeshore property, <br />subject to the following conditions: <br />1. The limestone boulder walls or the north and south side of the <br />access stair are to remain. Applica.it/owner must provide appropriate <br />fill/topsoil in all joints to the full depth of the stone mass. The <br />entire area is to be planted with Engeltrann Ivy as recommended by <br />applicant's landscape architect James Robin. <br />Page 2 of 5 <br />