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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />2761 <br />The grade changes proposed for after -the -fact <br />approval do not increase the rate, volume or quantities <br />of run-off to the lake from this property. <br />F) The proposed after -the -fact grade changes have no <br />significant visual impact as viewed from the lake, and <br />do not change the pre-existing character of the <br />shoreline. <br />4. The City Council finds that the conditions existing on <br />this property are peculiar to it and do not apply generally <br />to other property in this zoning district; that granting the <br />variance would not adversely affect traffic conditions, <br />light, air nor pose a fire hazard or other danger to <br />neighboring properties; would not merely serve as a <br />convenience to the applicant, but is necessary to alleviate <br />a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right o` the applicant; and <br />would be in keeping with the spirit and intent of the Zoning <br />Code and Comprehensive Plan of the City. <br />5. The City Council finds that granting an after -the -fact <br />conditional use permit to allow the grading work in the 0- <br />75' lakeshore yard wil'_ not be detrimental to the health, <br />safety or general welfare or the public, would not adversely <br />affect light, air 7osp a fire hazard or other danger to <br />neighboring grope- . nor will it depreciate surrounding <br />property values G_ -nat the proposed level of use of the <br />property will be in keeping with the intent and objectives <br />of the Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the <br />Orono City Council hereby grants a variance to Municipal Zoning <br />Code Section 10.22, Subdivision 2 and Section 10.55, Subdivision <br />8, and a conditional use permit per Section 10.03, Subdivision la <br />for after -the -fact approval of grading in the lakeshore yard <br />where no grading, filling or excavating in normally allowed, <br />subject to the following conditions: <br />1. Applicant shall sod the 0-75' lakeshore yard and the <br />area of the swale in the 75-250' zone as soon as weather <br />permits in the spring of 1990. <br />2. During the spring run-off, applicant shall maintain <br />proper erosion methods to eliminate erosion and <br />sedimentation prior to resodding of the yard. <br />Page 3 of 6 <br />