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( ' i tyT of ORONO <br />RESOLUTION OF THE W, ; kOUNCI!_ <br />NO. <br />4. The applicant has submitted substantial documentation <br />indicating that filling has primarily occurred in the area to <br />be excavated. <br />5. The applicant has submitted a landscape plan that <br />indicates a 35' strip of yard area will be disturbed, leaving <br />an area 3P' t1ack from the lake totally undisturbed. The <br />landscape plan incorporates a replacement of the existing <br />stairway with no net additional hardcover in the 0-75' <br />setback zone. The landscape plan also incorporates the <br />planting of trees and shrubs in the lakeshore yard where such <br />vegetation does not currently exist. <br />6. The City Council has considered this application <br />including the findings and reconunendations of the Planning <br />Cc mission, reports by staff and comments of the applicant <br />and the effect of the proposed use on the health, safety, and <br />welfare of the community. <br />The City Council finds that granting a conditional uEe <br />permit to allow to regrading of the lakeshore yard will not be <br />detrimental to the health, safety or general welfare of the <br />public, would not adversely af'ect light, air nor pose a fire <br />hazard or other danger to neighboring properties, nor will it <br />depreciate surrounding property values and that the proposed <br />level of use of the pr.opertywill be in keepingwith the intent <br />and oujectives of the Zoning Code ;-nd Comprehensive Plan of <br />the City. <br />8. The City Council finds that the conditions existing on <br />this property are peculiar to it and di not apply generally <br />to other property in this zoning district; would not merely <br />serve as a convenience to the applicant, but is necessary to <br />alleviate a demonstrable hardship or difficulty, and is <br />necessary to preserve a substan-A al. property right of the <br />applicant. <br />CONCLUSIONS- GiWM AND CONDITIONS <br />Rauc:6i upon the above findings, the Orono City Council hereby <br />;..ants a var.iancA to Municipal Zoning Code Section 10.55, Subdivision <br />8, and a conditional use permit per Municipal Zoning C Section <br />10.03, Subdivision 19 to permit. the regrading of the lakesht, yard at <br />2056 Shadywood Road, subi^c,to the "ollowirt, conditions: <br />Page 2 of 4 <br />