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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 5 9 1 2 <br />3. The Planning Commission reviewed this application at a public hearing <br />held on January 19, 2010 and recommended approval of the requested <br />after-the-fact variance and conditional use permit based on the following <br />findings: <br />a. City Code 78-1282 allows for the installation of stairs, lifts and <br />landings in place of major topographic alterations on steep slopes. <br />b. The changes made to the stair system, lakeside patio/walkway and <br />retaining walls are nearly an in-kind hardcover replacement of the <br />previously existing lakeside deck, retaining walls and stair. <br />c. The newly constructed retaining walls have been partially screened <br />with native grasses. <br />4. The City Council has considered this application including the findings <br />and recommendation of the Planning Commission, reports by City staff, <br />comments by the applicant and the public, and the effect of the proposed <br />variance and conditional use pennit on the health, safety and welfare of <br />the community. <br />5. The City Council finds that the conditions existing on this property are <br />peculiar to it and do not apply generally to other property in this zoning <br />district; that granting the variance and conditional use permit would not <br />adversely affect traffic conditions, light, air nor pose a fire hazard or other <br />danger to neighboring property; would not merely serve as a convenience <br />to the applicant, but is necessary to alleviate a demonstrable hardship or <br />difficulty; is necessary to preserve a substantial property right of the <br />applicant; and would be in keeping with the spirit and intent of the Zoning <br />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 Council hereby <br />grants an after-the-fact variance to Orono Municipal Zoning Code Section 78-1288 to <br />allow 12.5% hardcover within the 0-75' setback zone where only 2.6% is pe1mitted for <br />the lake access stair to allow an existing replacement retaining wall, lakeshore <br />patio/walkway and lake access stair; and a conditional use pennit pursuant to Orono <br />Page 2 of 4