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5. The City Council finds that the conditions existing on this <br />property are peculiar to it and do not apply generally to other <br />property in this fining district; that granting the variance <br />would not adverse:. y affect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring properties; <br />would 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 allow the stairway and retaining walls will not be detrimental <br />to the 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 use of <br />the property will be in keeping with the intent and objectives of <br />the Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City <br />Council hereby grants a variance to Municipal Zoning Code Sections <br />10.55, cubdivision 8 and 10.22, Subdivision 2 to allow the <br />construction of stairs and retaining walls constituting 4.8% hardcover <br />and structure within the 0-75' setback zone, and grants a conditional <br />use permit for such improvements per Zoning Code Section 10.03, <br />Subdivision 19 subject to the following conditions: <br />1. Applicant shall provide suitable erosion protection measures <br />as required by the City Inspector during construction. <br />2. Stairway construction shall be at shallow depths (6"-8" into <br />existing surface) to avoid conflict with the existing septic <br />system drainfield lines. <br />3. Landings and stair tread area shall be loci_ gravel underlain <br />by porous geotechnical fabric. <br />4. Construction of the walls and stairway shall conform to the <br />plans as approved by the City, and the applicant shall obtain a <br />building permit for the stairway prior to construction. <br />5. A Certificate of Survey shall be submitted prior to issuance <br />of the building permit. <br />Page 2 of 4 <br />