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, � � � City of ORO1�0 • � RESOLUTION OF THE CITY COUNCIL � NO. 1823 • ' • � • • • 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 property; would not merely serve as a convenience to the �pplicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the appli- cant; and would be in keeping with the spirit and intent of the � Zoning Code and Comprehensive Plan of the City. 6. The City Council. finds that granting a conditional use permit - to the applicant for the proposed regrading and tree removal . would not be detrimental to the health, safety or general welfare of the public, nor will it depreciate surrounding property values and the level of use of the property limited by the pertinent sections for non-c�onforming uses within the Zoning Code and Comprehensive Plan of the City. . � CONCLIISIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 3 to allow the removal of 4 trees in the 0-75' lakeshore setback zone; � and a variance to �ection 10.55, Subdivision 8 anc3 a conditional use permit per Section 10.03, Subdivision 19 to allow fill.ing and grading within the 0-'75' Iakeshore setback area, subject to the foll.owing conditions: • � . 1. The 4 trees allowed to be removed include 2-8" diameter Willows, 1-24" Cottonwood and 1-30" Cottonwood, all of which � overhang the Iakeshore bank. These trees shall be replaced by applicant with 4 trees to be located withiz� the 0-75' Iakeshore setback area. 2. The applicant shall rip-rap the lakeshore bank in order to avoid further bank erosion and loss of trees. 3. Applicant. shall regrade the lakeshore yard in accordance with the plans approved by the City Engineer. Applicant shal 1 notify City staff prior to the date grading will commence, and shall sod � the graded area within 7 days of completion of the regrading. " • 4. Applicant shail maintain the existing hay bale sedimentation � barrier until such time that the regraded area has been revegetated arid stabilized to ensure no sediment enters the lake. . Page 2 of 4