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; . C�t� o� ORONO � • � RESOLUTION OF THE CITY COUNCIL � NO. 1901 • � • • . 4. The Orono Planning Commission reviewed this application on August 19, 1985, and recommended approval of a variance to Municipal Zoning Code Section 10.55, Subdivision 8, to allow grading and backhoe work, including removal of two dead trees, within 75' of the lakeshore; and recommended approval of a conditional use permit for such work per Section 10. 03 , Subdivision 19 and 20, subject to the following conditions: A) A silt fence must be placed at the shoreline and remain � in place during the entire project to eliminate "possible sediment run-off into the lake. B) City staff must be notified at least 24 hours prior to the work commencing. C) The backhoe work shall take place in a period of time not to exceed 48 hours. • D) All disturbed areas within the 75' lakeshore setback area shall be replanted or re-sodded within 48 hours of completion of the work. Sod shall be staked as necessary to ensure it holds on the steep bank areas. E) No lakeshore bank grade changes area anticipated or proposed as part of this project, and none are approved. 5. The City Council reviewed this proposal on September 9, 1985 and requested the applicant and staff to further review the proposed work, in consideration of the steep bank slope and high potential for bank erosion during the grading work. 6. The applicant subsequently has submitted a professional land- scape plan for the work on the lakeshore bank, which plan in- cludes rock rip-rap and a rock wall, and numerous plantings with wood chip mulch. 7. The grading work for drainage purposes along the south side of the house is necessary to protect the property to the south from excessive run-off. � 8. 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 applicant, 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. Page 2 of 5