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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />5. The City Council finds that the conditions existing on this <br />property are peculiar to it and do not apply generally tq other <br />property in this zoning district; that granting the variance <br />would not adversely affect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring property; would <br />not merely serve as a convenience to the applicant, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is <br />necessary to preserve a substantial property right of the appli- <br />cant; and would be in keeping with the spirit and intent of the <br />Zoning Code and Comprehensive Plan of the City. <br />6. The City Council finds that granting a conditional use permit <br />to the applicant for the proposed regrading and tree removal <br />would not be detrimental to the health, safety or general welfare <br />of the public, nor will it depreciate surrounding property values <br />and the level of use of the property limited by the pertinent <br />sections for non -conforming uses within the Zoning Code and <br />Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council hereby <br />grants a variance to Municipal Zoning Code Section 10.22, Subdivision <br />3 to allow the removal of 4 trees in the 0-75' lakeshore setback zone; <br />and a variance to Section 10.55, Subdivision 8 and a conditional use <br />permit per Section 10.03, Subdivision 19 to allow filling and gradinq <br />within the 0-75' lakeshore setback area, subject to the following <br />conditions: <br />1. The 4 trees allowed to be removed include 2-8" diameter <br />Willows, 1-24" Cottonwood and 1-30" Cottonwood, all of which <br />overhang the lakeshore bank. These trees shall be replaced by <br />applicant with 4 trees to be located within the 0-75' lakeshore <br />setback area. <br />2. The applicant shall rip -rap the lakeshore bank in order to <br />avoid further hank erosion and loss of trees. <br />3. Applicant shall regrade the lakeshore yard in accordance with <br />the plans approved by the City Engineer. Applicant shall notify <br />City staff prior to the date grading will commence, and shall sod <br />the graded area within 7 days of completion of the regrading. <br />4. Applicant shall maintain the existing hay bale sedimentation <br />barrier until such time that the regraded area has been <br />revegetated and Stabilized to ensure no sediment enters the lake. <br />Page 2 of 4 <br />