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4ik, 04,. O , O CITY of ORONO RESOLUTION OF THE CITY COUNCIL � 1`_ ; -4.y 111 • IApa tr r �� ,a�� NO. 3 5 $9 --Ai zsvi 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit and a variance to Section 10.22, Subdivision 1(A) to permit the restoration of retaining walls located 45' from the shoreline of the property and grants variances to Section 10.03, Subdivision 9(C-2) and 10.03, Subdivision 9(E) to permit structural repairs to two nonconforming accessory structures and per Section 10.22, Subdivision 2 approves a 0.10 increase in hardcover within the 0-75' setback area where 0.80% exists and 0.90% is proposed, subject to the following conditions: 1. Applicants' contractor to complete the removal of 250 s.f. of driveway pavement located within the 0-75' lakeshore protected area prior to City's issuance of a building permit for restoration of structures. Applicants or applicants' agents shall be responsible for maintaining erosion control within disturbed area until oundcover is restored no later than June 1, 1995. 2. The City is in receipt of a letter (dated March 7, 1995) from Thomas Crosby, Jr., applicants' attorney, confirming that applicants will install a conforming on-site septic system during the 1995 construction period failing to obtain the necessary approvals from both the City of Orono and the Metropolitan Council to extend sewer to the property. 3. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or this variance will expire on that date (March 13, 1996). Page 3 of 7 Form 5005 Disk Orono