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' :{'-n - � �� c�t� o� oR,oNo Y;' ,.wj�*,s�,. • `y�'� RESOLUTION OF THE CITY COUNCIL � ` NO. 2036 • � • • � li 5. The proposed 8'x12' patio near the lakeshore is excessive structure and hardcover, and is not necessary for safety purpbses 'nor is it considered to be necessary for the , applicant's 'reasonable use of the property. • No suitable hardship has been shown to justify approval of the patio. � 6. 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 appli- cant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. • 7. The City Council finds that granting a conditional use permit to allow the stairway and retaining walls will not be detrimen'tal to the health, safety or general welfare of the public, would not. adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it de�preciate . . surrounding property values and that the proposed level of use of the property Wii1 be in� keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. , CONCLDSIONS, ORDER ABdD CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections . 10.55, Subdivision 8 and 10.22 , Subdivision 2 to allow the construction of stairs and retaining walls constituting 205 s.f. or 4.4� hardcover and structure within the 0-75' setback zone, and grants a conditional use permit for such improvements per Zoning Code Section 10.03, Subdivision 19 subject to the following conditions: 1. � Applicant shall provide suitable erosion protection measures as required by the City Inspector during construction. 2. Stairway construction shal 1 be at shallow depths (6"-8" into . existing surface) to avoid conflict with the existing septic � system drainfield lines. • 3. Landings and stair tread area sha11 be loose gravel underlain by porous geotechnical fabric. � Page 2 of 4