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< <br /> . Y` <br /> �� <br /> ` l C�t o� ORONO <br /> � <br /> • RESOLUTION OF THE CITY COUNCIL <br /> • NO. 1873 <br /> C � � • •y . <br /> .�' <br /> 4. The applicant has submitted substantial documentation <br /> indicating that filling has primarily occurred in the area to <br /> be excavated. <br /> 5. The applicant has submitted a landscape plan that <br /> indicates a 35 ' strip of y.ard area will be disturbed, leaving <br /> an area 30 ' back from the lake totally undisturbed. The <br /> landscape plan incorporates a replacement of the existing <br /> stairway with no net additional hardcover in the 0-75 ' <br /> setback zone. The landscape plan also incorporates the <br /> planting of trees and shrubs in the lakeshore yard where such <br /> vegetation does not currently exist. � <br /> 6. The City Council has , considered this application <br /> including the f indings and recommendations of the Planning <br /> • Commission, reports by staff and comments of the applicant <br /> and the effect of the proposed use on the health, safety, and <br /> welfare of the community. <br /> 7 . The City Council finds that granting a conditional�use , <br /> permit to allow to regrading of the lakeshore yard will not be <br /> detrimental to the health, safety or general welfare of the <br /> public, would not adversely affect light, air nor pose a fire <br /> hazard or other danger to neighboring properties, nor will it <br /> depreciate surrounding property valuesand that the proposed <br /> level of use of the property will be in keeping with the intent <br /> and objectives of the Zoning Code and Comprehensive Plan of <br /> the City. <br /> 8. The City Council finds that the conditions existing on <br /> this property are peculiar to it and do not apply generally <br /> to other property in this zoning district; would not merely <br /> serve as a convenience to the applicant, but is necessary to <br /> alleviate a demonstrable hardship or difficulty; , and is <br /> necessary to preserve a substantial property right of the <br /> applicant. <br /> CONCLDSIONS, ORDER AND CONDITIONS <br /> � Based upon the above findings, the Orono City Council hereby <br /> � grants a variance to Municipal Zoning Code Section 10 .55, Subdivision <br /> 8, and a conditional use permit per Municipal Zoning Code Section <br /> 10. 03, Subdivision 19 to permit the regrading of the lakeshore yard at <br /> 2056 Shadywood Road, subject to the following conditions : <br /> � Page 2 of 4 <br />