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7/O O <br /> CITY of ORONO <br /> )11)A °4 <br /> 09 RESOLUTION OF THE CITY COUNCIL <br /> 'Os <br /> i��kESH�4� NO. 4 5 s <br /> 5. The applicants have withdrawn the request for variances to permit construction of a <br /> lakeside patio from the application. The total hardcover existing within the 75-250' <br /> setback is 4,084 s.f. The total hardcover does not reflect 1,727 s.f.plastic and fabric <br /> underlay on the property. <br /> 6. The City Council finds that the conditions existing on this property are peculiar to <br /> it and do not apply generally to other property in this zoning district; that granting <br /> the variances would not adversely affect traffic conditions, light, air, nor pose a fire <br /> hazard or other danger to neighboring property; would not merely serve as a <br /> convenience to the applicants, but is necessary to alleviate a demonstrable hardship <br /> or difficulty; is necessary to preserve a substantial property right of the applicants; <br /> and would be in keeping with the spirit and intent of the Zoning Code and <br /> Comprehensive Plan of the City. <br /> 7. The City Council finds that granting a conditional use permit to allow construction <br /> of a retaining wall system will not to be detrimental to the health, safety or general <br /> welfare of the public, would not adversely affect light, air nor pose a fire hazard or <br /> other danger to neighboring properties, nor will it depreciate surrounding property <br /> values and that the proposed level of use of the property will be in keeping with the <br /> intent and objectives of the Zoning Code and Comprehensive Plan of the City. <br /> 8. The City Council has considered this application including the findings and <br /> recommendations of the Planning Commission, reports by City Staff, comments by <br /> the applicants and the effect of the proposed variances on the health, safety and <br /> welfare of the community. <br /> CONCLUSIONS, ORDER, AND CONDITIONS <br /> Based upon one or more of the above findings,the Orono City Council hereby grants <br /> variances to Municipal Code Sections 10.22, Subdivision 2, 10.55, Subdivision 8 and 10.56, <br /> Subdivision 16(J)and(L)to allow hardcover in the 0-75'lakeshore setback zone of 882 s.f.(11.7%) <br /> where no hardcover is normally allowed; and a variance to Section 10.56, Subdivision 16(C)(5) to <br /> allow retaining walls in the shore setback zone where they are normally prohibited;and a conditional <br /> use permit for lakeshore alterations per Section 10.03, Subdivision 21; and a variance per Section <br /> 10.22, Subdivision 2. Approval is subject to the following conditions: <br /> Page 3 of 6 <br />