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'-J t , .' �. , t.,�; • _ {��.:,�, � Ci.t� o� ORONO . � � ��_. _ • :��`�. . '"' �a RESOLUTION OF THE CITY COUNCI L •;�.;.:� :;�I`,. ��```"-� NO. 2086 ;.:�;' • • - • • t';:F� 5. The proposed construction and grading work is outside the 0- 75' lakeshore setback zone. The proposal for grading to create a f lat area for tennis court on a slope of 18$ includes 2 tiers of retaining walls at a height of 6'-8' each on the uphill side of the tennis court. The City Engineer has reviewed the site and grading plans ancl has recommended approval of the proposal conditioned on proper maintenance of the existing erosion control silt fence until the project is complete and slopes revegetated. 6. The proposed improvements include a 1-story gazebo of wood- frame construction, located adjacent to the tennis court, and a 10'-height green-colored vinyl-coated cyclone fence surrounding the tennis court. The f ence and gazebo W�1 i extend to a height below the tops of existing trees which screen the structures from the lake. The gazebo W�ii be located approximately 130' from the west shore of Stubbs Bay. Both gazebo and fence will be below the perceived elevations of the residence on the property as viewed f rom the lake. • 7. The proposed Iighting for the tennis court and gazebo is _ directed downward rather than to the side, hence no �ighting wi�l be directed toward the lake. 8. The gazebo, tennis court, and fences are to be located at a lower elevation than the existing residence structures on adjacent properties, hence there W�i1 be no encroachment on either neighbors' views of the ].ake. Both adjacent neighbors have acknowledged the application and have submitted no comments regarding the proposal. 9. The City Council finds that the conditions existing on this property are peculiar to it and do not apply general ly 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 alYeviate 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. 10. The City Council finds that granting a conditional use permit to allow the grading work and retaining walls for the tennis court Wii1 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 W�11 it depreciate surrounding property vaYues and that the proposed level of use of the property W�i1 be in keeping with the intent and objectives of the Zoning Code and Comprehensive P�an of the City. Page 2 of 5