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� � � � Ci.t� o� ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2255 • • • • D) The trees that have been heaved due to the ice pressure will not be affected by the proposed grading work. 5. The City Council finds that the conditions existing on this pro- perty 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 applicants, but is necessary to al leviate a demon- strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Counci 1 f inds that granting a conditiona 1 use permit to allow the grading work near the shoreline will not be detrimental 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 wil 1 it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. COIJCI�DSI011TS, ORDffi2 AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2, and Section 10.55, Subdivision 8 to allow grading work within the 0-75' lakeshore setback area and grants a conditional use permit to the applicants per Section 10.03 , Subdivision 19 for the land alterations described above, subject to the following conditions: l. Applicants shall instal 1 appropriate erosion controls prior to ariy land alterations within the lakeshore yard. 2. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (September 14, 1988). 3. Violation of or non-compliance with any of the terms and condi- • tions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable -as a misdemeanor. Page 2 of 4