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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 5 665 <br />a. Approval of the conditional use permit for the grading necessary to install <br />the steps and replace the existing wall but not expand the wall based on <br />there being a demonstrated need for the existing wall and for replacement <br />of the existing unsafe steps but not for the additional retaining wall. <br />b. Approval of the variance to allow the 190 square foot lakeside deck to be <br />replaced by a 190 square foot patio at a slightly different location based on <br />the patio being designed so runoff can infiltrate rather than flowing directly <br />into the lake as it does from the existing deck. <br />c. Approval of the hardcover variance for the replacement of the existing <br />wall. <br />d. Denial of the setback variance for the proposed second pier based on the <br />applicant's failure to demonstrate the second pier satisfied the conditions <br />for granting a variance. <br />3. The City Council has considered this application including the findings and <br />recommendation of the Planning Commission, reports by City staff, comments <br />by the applicant and the public, and the effect of the proposed conditional use <br />permit and variances on the health, safety and welfare of the community. <br />4. The City Council finds that the grading allowed by the conditional use permit is <br />necessary to provide a safe means of access to the lake and replace a failing <br />retaining wall that is necessary to maintain the slope. <br />The City Council finds that the conditions existing on this property are peculiar <br />to it and do not apply generally to other property in this zoning district; that <br />granting the hardcover variances would not adversely affect traffic conditions, <br />light, air nor pose a fire hazard or other danger to neighboring property, would <br />not merely serve as a convenience to the Owner but necessary to alleviate a <br />demonstrable hardship or difficulty; is necessary to preserve a substantial <br />property right of the Owner; and would be in keeping with the spirit and intent <br />of the Zoning Code and Comprehensive Plan of the City. <br />6, The City Council finds that the conditions existing on this property are not <br />peculiar to it and apply generally to other property in this zoning district; that <br />Page 2 of 4 <br />