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1 - � . I <br /> h� <br /> - � � `y3� �� Clt o� ORONO : <br /> . ;. _ . :�.- 3' . <br /> �..• ��j `r 4,~ . <br /> ,� �:�;� <br /> �`°Y=�':,Q�;��` RESOLUTION OF THE CITY COUNCIL <br /> �-. � .�,. <br /> 4" NO. 2761 <br /> * i-'� M1 <br /> F�,..:.Vs {y,,, <br /> • : . • . <br /> - `' `f"�' E) The grade changes proposed for after-the-fact <br /> approval do not increase the rate, volume or quantities <br /> of run-off to the lake from this property. <br /> � F) The proposed after-the-fact grade changes have no <br /> significant visual impact as viewed from the lake, and <br /> do not change the pre-existing character of the <br /> shoreline. , <br /> 4. The City Council finds that the conc7itions existing 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 an after-the-fact <br /> conditional use permit to allow the grading work in the 0- <br /> 75' lakeshore yard will not be detrimental to the health, <br /> safety or general welfare of the public, would not adversely <br /> affect light, air nor pose a fire hazard or other danger to <br /> neighboring properties, nor will it depreciate surrounding <br /> property values and that the proposed level of use of the <br /> � property will be in keeping with the intent and objectives <br /> of the Zoning Code and Comprehensive Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the findings noted above, the <br /> Orono City Council hereby grants a variance to Municipal Zoninq <br /> Code Section 10.22, Subdivision 2 and Section 10.55, Subdivision <br /> 8 , and a conditional use permit per Section 10.03, Subdivision 19 <br /> for after-the-fact approval of grading in the lakeshore yard <br /> where no grading, filling or excavating in normally allowed, <br /> subject to the following conditions: <br /> 1. Applicant shall sod the 0-75' lakeshore yard and the <br /> area of the swale in the 75-250' zone as soon as weather <br /> permits in the spring of 1990. <br /> 2. During the spring run-off, applicant shall maintain <br /> • proper erosion methods to eliminate erosion and <br /> sedimentation prior to resodding of the yard. <br /> Page 3 of 6 <br />