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tip <br />RIaSOLUTION OF THF, CITY COUNCIL <br />No. 539 <br />3. The Orono Planning Commission reviewed this application on March 22, 1995 <br />and recommended approval of the conditional use permit and variances as <br />amended based on the following unique findings and hardships: <br />a. The propeny consists of 13.8 acres. <br />b. The structures on the property were constructed prior to development of <br />standards for residential construction on Lakeshore properties. <br />c. On -site septic testing has been completed for the property and testing leas <br />confirmed there is adequate area and suitable soils for development of on - <br />site septic systems to serve the principal structure and the caretaker <br />residence within the oversized accessory structure. <br />d. Structural repairs to the nonconforming accessory structures do not <br />involve the complete restoration but merely partial structural or cosmetic <br />repair. <br />e. The retaining walls at the underground entrance to the greenhouse provide <br />the necessary support and stability to the only exterior entrance to the <br />lower level of the greenhouse. <br />f. The paved walkway located within the 0-75' setback at the east shoreline <br />has been installed at �}' meeting the required width of accessory access <br />stairs within the 045' setback area for lots with steep slope. <br />g. The paved walkway will minimize erosion of grassed lawn resulting from <br />' the more intense use of the lake access stairs providing the only bathing <br />and boating access to lake for this property. <br />4. The City Council finds that granting a conditional use permit to allow the <br />restoration of the retaining wall within the lakcshore protected area will not be <br />detrimental to the health, safety or general welfare of the public, would not <br />adversely affect light, air nor pose a fire hazard or other danger to neighboring <br />properties, nor will its use depreciate surrounding property values and that the <br />proposed level of use of the property will be in keeping with the intent and Y <br />objectives of the Zoning Code and Comprehensive Plan of the City. <br />a <br />Page 2 of 7 <br />I,r�S00S pu0w <br />