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FILE #04-3012 <br />May 3, 2004 <br />Page 4 of 5 <br />1. No fill shall be deposited in the floodway, and any fill deposited in the flood <br />fringe shall be no more than the minimal amount necessary to conduct a <br />conditional use. Generally, fill shall be limited to that needed to grade or <br />landscape for that use and shall not in any way further obstruct the flow of <br />floodwaters. <br />a. The fill proposed for this application is the minimum amount necessary. <br />2. Spoil from dredging shall not be deposited in the floodway nor in the flood fringe. <br />a. Not applicable. <br />3. All fill shall be protected from erosion by vegetative cover in the form of grass, <br />natural ground covers, shrubs and trees as determined by the council. <br />a. The area to be filled and graded will be vegetated with native floodplain <br />shrubs and grasses. <br />4. All filling and grading activities shall be performed with only clean fill. <br />a. This requirement will be monitored by the City Engineer. <br />Hardship Statement <br />Applicant has completed the Hardship Documentation Form attached as Exhibit"B, and <br />should be asked for additional testimony regarding the application. <br />Hardship Analysis <br />In considering applications for variance, the Planning Commission shall consider the effect of the <br />proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic <br />conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in <br />the surrounding area. The Planning Commission shall consider recommending approval for variances <br />from the literal provisions of the Zoning Code in instances where their strict enforcement would cause <br />undue hardship because of circumstances unique to the individual property under consideration, and <br />shall recommend approval only when it is demonstrated that such actions will be in keeping with the <br />spirit and intent of the Orono Zoning Code. <br />The Shoreland Overlay District allows stairways, lifts and landings in favor of major <br />topographic alterations on steep slopes and bluffs and the City views the hardcover from <br />such structures to be allowed within 75' of the lake. However, Planning Staff finds that <br />this property is very flat and does not require any topographic alterations for which to <br />access the lakeshore and an alternative path could be designed which would not be <br />considered hardcover. <br />Additionally, the Shoreland Overlay District prohibits fences from being constructed <br />within the required lake yard. As this property is a rebuild situation any existing fence <br />would be required to be removed as it would have a nonconforming status and all <br />nonconforming buildings/structures are required to be removed at the time of the <br />demolition of the existing principal structure. Staff does not find a hardship for granting <br />the variance to allow a fence within 75' of the lake.