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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 3 9 3 6 °' <br />3. The Orono Planning Commission reviewed this application on July 21 , 1997 and <br />recommended unanimous approval of the proposed variances and conditional use <br />permit based upon the following unique findings and hardships: <br />a. The zoning lot does not meet minimum lot area or lot width requirements. <br />b . The topography of the lot drops 22' from the front yard to the lakeshore. <br />c. The north side yard has a steep topography that slopes down to the lakeshore. <br />d. The timber retaining wall was in a deteriorated condition and has been <br />removed. Work has been stopped on replacement of the wall until the <br />appropriate variances and conditional use permit are obtained. <br />e . The amount of hardcover will be reduced. <br />f. Previous variances were granted for hardcover on this lot. <br />4. The Council finds that the conditions existing on this property are peculiar to it and <br />do not apply generally to other property in this zoning district; that granting the <br />variances would not adversely affect traffic conditions, light, air nor pose a fire <br />hazard or other danger to neighboring properties, would not merely serve as a <br />convenience to the applicants, but is necessary to alleviate a demonstrable hardship <br />or difficulty; is necessary to preserve a substantial property right of the applicants ; <br />and would be in keeping with the spirit and intent of the Zoning Code and <br />Comprehensive Plan of the City. <br />5. The City Council finds that granting a conditional use permit to replace a retaining <br />wall in the 0-75' lakeshore setback will not be detrimental to the health, safety or <br />general welfare of the public, would not adversely affect light, air nor pose a fire <br />hazard or other danger to neighboring properties, nor will its use depreciate <br />surrounding property values and that the proposed level of use of the property will <br />be in keeping with the intent and objectives of the Zoning Code and Comprehensive <br />Plan of the City. <br />Page 2 of 6