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. ' � � � ` ' • ' E • - � � c�t�� o� oR,oNO � _.. . � � . � � RESOLUTION OF THE CITY COUNCIL � NO. 2308 • ' • � • • 3. The property is approximately 2 + acres in area. 4. The Orono Planning Commission reviewed this application on � November 16, 1987, and recommended approval of the above referenced ' variances and the granting of a conditional use permit based on the foilowing findings and hardships: • a) A boat Iift has existed on the commercial site f�or many years and has served the present . facility. b) The proposed construction will be superior to former structure providing greater f lexibilty in use. c) A boat lift is an intergal part of the operation of all marinas and/or boat works. • d) The function and use of this structure prohibits placement out of the 75 feet lakeshore setback area. 5. 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 danager to neighboring properties; would not merely serve as a convenience to tfie applicant, but is necessary to alleviate a demostrable 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 Iand alteration to install the lift with the lakeshore protected area 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. COAICLDSIOPiS, ORDffit AND CONDITIOI+dS Based upon one or more of the above findings, the Orono City • Council hereby grants variances to Municipal Zoning Code Section 10.41, Subdivision 10 (D) and Section 10.55, Subdivision 8 to allow installation of a replacement boat lift within the lakeshore protected area and grants a conditional use permit per Section 10.03, Subdivision 19 to allow land alteration with the lakeshore protected areas, subject to the following conditions: Page 2 of 4