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9. 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 <br />the variances would not adversely affect traffic conditions, <br />light, air nor pose a fire hazard or other danger to <br />neighboring property; would not merely serve as a <br />convenience to the applicant, but are necessary to alleviate <br />a demonstrable hardship or difficulty; are 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 />10. The City Council finds that granting a conditional use <br />permit to alter the lakeshore bank as proposed will not be <br />detrimental to the health, safety or general welfare of the <br />public, will not be materially injurious to properties or <br />improvements in the vicinity and is in keeping with the <br />intent and objectives of the Zoning Code and Comprehensive <br />Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council hereby <br />grants variances to Municipal Zoning Code Section 10.22, <br />Subdivisions I and 2, and Section 10.55, Subdivision 8, and grants a <br />conditional use permit as requires: in Section 10.03, Subdivision 19, <br />to permit the construction of a new home to be located 60 feet from the <br />lakeshore, allowing 730 square feet of hardcover (or 6%) in the 0-75 <br />foot lakeshore setback zone, and permitting excavation and regrading <br />of the lakeshore 1 ar.ks within 75 feet of the lakeshore subject to the <br />following conditions: <br />1. Staked hay bales and a fabric silt fence must be used for <br />erosion control during construction and until vegetation is <br />established. <br />2. The boat house located on the lakeshore of the property <br />is considered a non -conforming structure and is subject to <br />all pertinent ordinances. <br />3. The applicant is placed on notice that the proposes, <br />improvements increase the hardcover onthis property to very <br />near the allowable limit of 25%, and is hereby advised that <br />future improvements resulting in additional hardcover will <br />likely be approved only with the concurrent removal of equal <br />amounts of existing hardcover. <br />