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5. The proposed 81xl2' patio near the lakeshore is excessive <br />structure and hardcover, and is not necessary for safety purposes <br />nor is it considered to be necessary for the applicant's <br />reasonable use of the property. No suitable hardship has been <br />shown to justify approval of the patio. <br />6. 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 -oning 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 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 />7. 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 <br />or more of the above findings, the <br />Orono City <br />Council <br />hereby grants a <br />variance to Municipal Zoning Code Sections <br />10.55, <br />Subdivision 8 <br />and 10.22, Subdivision 2 to <br />allow the <br />construction of stairs <br />and retaining walls constituting <br />205 s.f. or <br />4.4% hardcover and structure <br />within the 0-75' setback <br />zone, and <br />grants a <br />conditional use <br />permit for such improvements per <br />Zoning Code <br />Section <br />10.03, Subdivision 19 subject to the following conditions: <br />1. Applicant shall provide suitable erosion protection measures <br />as required by the City _nspector 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 loost Travel underlain <br />by porous geotechnical fabric. <br />Page 2 of 4 <br />