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3. The Planning Commission reviewed this application at a public hearing held on January 19, 2010 and recommended approval of the requested after-the-fact variance and conditional use permit based on the following findings: a. City Code 78-1282 allows for the installation of stairs, lifts and landings in place of major topographic alterations on steep slopes. b. The changes made to the stair system, lakeside patio/walkway and retaining walls are nearly aµ in-kind hardcover replacement of the previously existing lakeside'Click, retaining walls and stair. '~~ ::S :, ",\' c. The newly constructed retaining walls have been partially screened with native grasses. 4. The City Council has considered this application including the findings and recommendation of the PlanningCotnmission, reports by City staff, comments by the applicants and the public~ and the effect of the proposed variance and conditional use permit on the health, safety and welfare of the COillIIlUJ,'lity. ,',~i,:\',, ,, <:::'< 5. ThiCity Coun~il finds that the conditions existing on this property are peculiar~to it ang. do not apply generally to other property in this zoning district; tli!1l.W'111ti11~;the variance and conditional use permit would not adversely a,-f{ecttraffic 'cc,nditions, light, air nor pose a fire hazard or other danger to neigh.lx>ring property; would not merely serve as a convenience to the applicants; QJ.lt is necess~ry to alleviate a demonstrable hardship or difficulty; is necesS'1!")Z to preserve a substantial property right of the applicants; and woulcl be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants an after-the-fact variance to Orono Municipal Zoning Code Section 78-1288 to allow 12.5% hardcover within the 0-75' setback zone where only 2.6% is permitted for the lake access stair to allow an existing replacement retaining wall, lakeshore patio/walkway and lake access stair; and a conditional use permit pursuant to Orono Page 2 of 4