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� <br /> ~^M .'.�� � .�..�. \J i.t� of ORONO <br /> • '�" RESOLUTION OF THE CITY COUNCIL <br /> �_ � � . <br /> :, <br /> >;; ^��- NO. 2644 ; <br /> � <br /> :.. _ • •.; <br /> ; <br /> 4. The City Counci 1 f inds that the conditions exi sting on , <br /> this property are peculiar to it and do not apply generally <br /> to other property in this zoning district; that granting the <br /> variance would not adversely affect traffic conditions, <br /> light, air nor pose a fire hazard or other danger to � <br /> neighboring properties ; would not merely serve as a <br /> convenience to the applicant, but is necessary to alleviate <br /> a demonstrable hardship or difficulty; is necessary to <br /> preserve a substantial property right of the applicant; and � <br /> would be in keeping with the spirit and intent of the Zoning � <br /> Code and Comprehensive Plan of the City. : <br /> 5. The City Council finds that granting a conditional use � <br /> permit to allow the land alterations as proposed will not � <br /> be detrimental to the health, safety or general welfare of � <br /> the public, would not adversely affect light, air nor pose a � <br /> fire hazard or other danger to neighboring properties, nor <br /> • will it depreciate surrounding property values and that the ; <br /> proposed level of use of the property will be in keeping <br /> with the intent and objectives of the Zoning Code and <br /> Comprehensive Plan of the City. <br /> CONCLIISIONS, ORDER AND CONDITIONS . <br /> Based upon one or more of the above findings, the Orono ; <br /> City Council hereby grants a variance to Municipal Zoning Code <br /> Sections 10.55, Subdivision 8 to allow filling within the <br /> lakeshore protected area, and per Municipal Zoning Code Section ' <br /> 10.03, Subdivision 19 grants a conditional use permit to allow � <br /> filling in excess of 100 cubic yards within the lakeshore . <br /> � protected area, subject to the following conditions: _ <br /> l. City staff to work with applicant to resolve maximum ' <br /> height for exposure of retaining wall installed within : <br /> adjacent road bed and the access stair to lake to be <br /> redesigned so that proposed retaining wall is not necessary. <br /> 2. Authorities granted by this resolution run with the . <br /> property not with the applicant, but are permissive only and ; <br /> must be exercised by application for a grading permit for <br /> filling and grading within the lakeshore protected area <br /> within one year of the date of Council approval , or the <br /> special conditions of this resolution will expire on that ` <br /> • date (June 12, 1990 ). <br /> Page 2 of 4 <br />