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Cit� o� ORONO <br /> • RESOLUTION OF THE CITY COUNCIL . <br /> � NO. 2414 <br /> � <br /> ' • � � • <br /> �� � b ) The existing retaining walls are in an unsafe and <br /> hazardous condition and must be replaced to assure the safe � <br /> use of the lakeshore yard. <br /> . • � � c) The w�alls �were damaged in tlie 'severe rain storm of July �:� <br /> 23 , 1987. The state of deterioration was not created by a <br /> lack of maintenance or upkeep. <br /> 5. The City Council finds that the conditions existing on this <br /> property are peculiar to it and do not apply generally to other <br /> property in this zoning district; that granting the variance <br /> would not adversely affect traffic conditions, light, air nor <br /> pose a fire hazard or other danger to neighboring properties; <br /> would not merely serve as a convenience to the applicant, but is <br /> necessary to alleviate a demonstrable hardship or difficulty; is <br /> • necessary to preserve a substantial property right of the appli- <br /> cant; and would be in keeping with the spirit and intent of the <br /> Zoning Code and Comprehensive Plan of the City. <br /> 6. The City Council finds that granting a conditional use permit <br /> to allow the reconstruction of retaining wal ls located within the <br /> lakeshore protected area that were damaged by the July 23 , 1987 " <br /> rain storm will not be detrimental to the health, safety or <br /> general welfare of the public, would not adversely affect light, <br /> air nor pose a fire hazard or other danger to neighboring <br /> � properties, nor will it depreciate surrounding property values <br /> and that the proposed level of use of the property will be in <br /> keeping with the intent and objectives of the Zoning Code and <br /> Comprehensive Plan of the City. <br /> CONCLDSIONS, ORDffi2 AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City <br /> Council hereby grants variances to Municipal Zoning Code Section <br /> 10.22, Subd. 2 & Section 10.55, Subd. 8 and a conditional use permit <br /> per Section 10.03 , Subd. . 19 to allow the reconstruction of retaining <br /> walls within the lakeshore protected area in conjunction with <br /> construction of a new principal residenc.e subject to the following <br /> conditions: <br /> 1. A separate building permit is required for the construction of <br /> • new retaining walls and access steps. Steps are limited to 4' <br /> maximum width and all structural hardcover is to be maintained at <br /> 537 s.f. (72 s.f. for stairs and 465 s.f. for 155 lineal feet of <br /> boulder wall) . <br /> Page 2 of 4 <br />