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•� i , ' Clt� a�� ORONO . �' • Qj�`j RESOLUTION OF THE CITY COUNCIL � NO. 2704 • '�� • e City Council finds that regarding the retaining s, 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 to allow construction of retaining walls 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 alleviate a demonstrable hardship or difficulty; is necessary to preserve the stability of the lakeshore bank; 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. 10. The City Council finds that granting a conditional use permit to allow the construction of the proposed retaining walls 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 danager to neighboring properties, would not merely serve as a • convenience to the appli�ant but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve the stability of the lakeshore bank; 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. 11. At the regular City Council meeting of September 11, 1989, the City Council voted 5-0 to grant af ter-the-fact variance and conditional use permit approval for the . proposed walls and deck directing City staff to draft a resolution to that effect. CONCLUSIONS, ORDSR AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.55, Subdivision 8 and a conditional use permit per Section 10.03, Subdivision 19 for after-the-fact approval of retaining wall construction in the 0-75' lakeshore setback zone, and further grants after-the-fact approval for similar variances and conditional use permit for construction of a deck located 10' from the lakeshore where no such structure is normally al lowed, subject to the following conditions: • � Page 3 of 6