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o , o CITY of ORONO �� G~ RESOLUTION OF THE CITY COUNCIL NO. 4 r& f. A number of conditions regarding proper execution of the proposed grading and lakeshore bank protection work should be attached to the approval. 4. On January 27, 2003 the City Council granted approval of the proposed variances and CUP to allow the applicants to complete the proposed work per Option 1. Council directed that staff bring a resolution to the next Council meeting for adoption. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance and CUP on the health, safety and welfare of the community. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 7. The City Council finds that granting a conditional use permit for the proposed grading in the 0-75' lakeshore setback zones as proposed will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, nor will such use depreciate surrounding property values and that the proposed level of , use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. #. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivisions 16(J) and 16(L) to permit to permit the construction of boulder retaining walls constituting hardcover in the 0-75' zone where no hardcover is normally allowed, and to permit grading and land alterations within the 0-75' lakeshore protected area where such work Page 3 of 6