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.�. City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2407 ORONO 8. T e ouncil conditionally approved the use of a 3' retaining wall on April 11 , 1988 by a vote of 4 to 0. 9. On May 23, 1988 at the applicants request the Council reviewed a revised proposal to include an additional 2' retaining wall just below the originally proposed 3' wall. Contractors bidding on the project all advised applicant that the second wall is necessary for structural stability. This was confirmed by City Engineer Glenn Cook. The Council approved this revision at their meeting of May 23, 1988 by a vote of 3 to 2. 10. The Council finds that channelization of roof run-off water through a pipe directly through the lakeshore bank is not acceptable because that method of transport greatly reduces the possibility for infiltration of run-off water into the ground, in direct conflict with the City's goal of maximizing infiltration of runoff which tends to reduce the amount of impurities. Council recognizes the applicants concerns regarding saturation-related bank erosion, and finds that there are other potential methods available to reduce such saturation without piping roof runoff water directly to the lakeshore. 11 . 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 variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but are necessary to alleviate a demonstrable hardship or difficulty; are 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. 12 . The City Council finds that granting a Conditional Use Permit to allow the bank restoration method found to be acceptable by the Council will not be detrimental to health, safety, or general welfare of public, would not adversely affect light, air, nor pose a fire hazard or other danger to neighboring properties , nor will it depreciate surrounding property values , and finds 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings , the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 and 2 and Section 10.55, Subdivision 8, for construction of a deck and retaining wall which constitute structure and hardcover in the 0 to 75' lakeshore setback zone where no such hardcover and structure is normally allowed, and which deck encroaches on the required average lakeshore setbak.; and grants a Conditional Use Permit per Section 10.03, Subdivision 19 and 20 for grading, filling and excavation within the 0-75' lakeshore setback zone where such work is not normally allowed, subject to the following conditions: Pane 7 of 10