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PJ <br />�64Vi <br />1 <br />RESOLUTION OF THE CITY COUNCIL <br />ti <br />a <br />5. The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City staff, comments <br />by the applicant and the effect of the proposed variance and CUP on the health, <br />safety and welfare of the community. <br />6. The City Council finds that the conditions existing on this property are peculiar <br />to it and do not apply generally to other property in this zoning district; that <br />granting the variance would not adversely affect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring property; would not merely <br />serve as a convenience to the applicant, but is necessary to alleviate a <br />demonstrable hardship or difficulty, is necessary to preserve a substantial <br />property right of the applicant; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the City. <br />7. The City Council finds that granting a conditional use permit for the proposed <br />grading in the 0-75' lakeshore setback zones as proposed will not be detrimental <br />to the health, safety or general welfare of the public, would not adversely affect <br />light, air nor pose a fire hazard or other danger to neighboring property, nor will <br />such use depreciate surrounding property values and that the proposed level of <br />use of the property will be in keeping with the intent and objectives of the <br />Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council hereby grants a variance <br />to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and <br />10.56, Subdivisions 16(J) and 16(L) to permit the construction of a new residence constituting <br />hardcover on the property of 5,725 s.f. per the approved revised site attached to this Resolution <br />as Exhibit A, and further grants a Conditional Use Permit for land alterations within the 0-75' <br />Lakeshore protected zones subject to the following conditions. <br />1. No hardcover will be allowed in the northerly 0-75' zone. The only hardcover <br />allowed in the 0-75' zone will be the portion of driveway as shown on the <br />approved site plans. Hardcover in the southerly 0-75' and 75-250' zones shall not <br />Page 3 of 7 <br />