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�.�� d� Clt� o� ORONO ,;� • �,�,��:`: � . � � �' � RESOLUTION OF THE CITY COUNCIL ;<:;,..`;,_ �, - .�.,. . "°` NO. 2064 ,�� .,. � ,� _ � � �;: C) Portions of the grading, near County Road 15, are necessary to alleviate existing drainage problems. D) Based on the grading plans submitted, the proposed fill does not constitute a berm as such, except for the portion of elevation 944'-946' located 50' back from the right-of- way line, and that berm is of a height and location that W�ii not cause view problems for the adjacent properties. 4. This lot has unique concerns because the lakeshore parcel is taxed separately from the residence parcel. A special 1ot combination was not filed when the plat was approved, hence a dock would be allowed on OutYot B only if Outlot B is combined with Lot 1 through a special lot combination. 5. . This 1ot is considered as a lakeshore lot: under current code all accessory structures on the property must meet the average lakeshore setback. This 1ot is considered to have a �akeshore yard, 2 side yards (adjacent to the north and south lot � lines) , and a rear yard (along the west lot line abutting the railroad right-of-way). The south side yard setback ( 30 ' required) shaY1 be measured from the actual south lot line rather than from the private road easement. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generaYly 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 fincls that granting a conditional use permit to a 1 low the proposed grading and f i 11 ing wi i i not be detrimenta 1 to the health, safety or general we�fare of the pubYic, wou�ld not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor wilY it depreciate surrounding property values and that the proposed Ievel of use of the property wiY1 be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. , CONCLQSIONS, ORD�;R AND CONDITIONS � Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 for grading and filling in the amount of 5,000-10,000 cubic yards; and grants a variance to Sections 10.22, Subdivision 2 and 10.55, Subdivision 8 for grading and filling within the 0-75' lakeshore setback area, subject to the following conditions: Page 2 of 4