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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />B) The Planning Commission finds that the City <br />Engineer's recommended modifications to the proposal <br />provide a plan that is more consistent with past Cit <br />practice regarding fill in lakeshore areas, while stilly <br />providing applicant with the ability to improve his <br />property by increasing its maintainability and <br />usefulness. <br />C) The Planning Commission finds that the retaining <br />wall as originally propose3 by applicant is not <br />strictly neces�a-.y to accomplish the applicant's <br />objectives. <br />4. The City Council finds that the conditions existing on <br />this property are peculiar to it and do not apply generally <br />to other property in this zoning district; that granting the <br />-ariance would not adversely affect traffic conditions, <br />light, air nor pose a fire hazard or other danger to <br />neighboring properties; would not merely serve as a <br />convenience to the applicant, but is necessary to alleviate <br />a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicant; and <br />would be in keeping with the spirit and intent of the Zoning <br />Code and Comprehensive Plan of the City. <br />5. The City Council finds t..'iat granting a conditional use <br />permit to allow the retaining wall and fill in the 0-75' <br />lakeshore setback zone will not be detrimental to the <br />health, safety or general welfare of the public, would not <br />adversely affect light, air nor pose a fire hazard or other <br />danger to neighboring properties, nor will it depreciate <br />surrounding property values and that the proposed level of <br />use of the property will be in keeping with the intent and <br />objectives of the Zoning Code and Comprehensive Plan of the <br />City. <br />MINCIZS1ONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono <br />City Council hereby grants a , ariance to Municipal Zoning Code <br />Sactions 10.22, Subdivisions 1 and 2 and Section 10.55, <br />Subdivision 8, and grants r conditional use permit per Section <br />10.03, Subdivision 19, to permit the construction of a retai g <br />wall and placement of fill within the 0-75' lakeshore setback <br />sone where no such walls or fill are normally allowed, :pub ject to <br />the following conditionss <br />Page 2 of 5 <br />