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.: ;-o � � � �� \ . , � 0 0'��. ��'� C ITY of ORONO `.b: - � � � il �'/i �',� �'�/j RESOLUTION OF THE CITY COUNCIL ��kESH�4�'�� NO. � � � \� 5. /The applicants have withdrawn the request for variances to permit construction of a lakeside patio from the application. The total hardcover existing within the 75-250' setback is 4,084 s.£ The total hardcover does not reflect 1,727 s.f. plastic and fabric underlay on the properly. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply genera.11y to other property in this zoning district; that grantina 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 7. The City Council finds that granting a conditional use permit to allow construction of a retaining wall system will not to be detrimental to the health, safety or genera] welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surroundina property values and 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. 8. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. �;Ui�,'C�,USI(�I'�1S, (3��DER, ANU COI�I)i"�i"IONS Based upon one or more of the above findings,the Orono City Council hereby grants variances to Municipal Code Sections 10.22, Subdivision 2, 10.55, Subdivision 8 and 10.�6, Subdivision 16(J)and(L)to allow hardcover in the 0-75'lakeshore setback zone of 882 s.f.(11.7%) �vhere no hardcover is normally allowed; and a variance to Section 10.56, Subdivision 16(C)(�) to allow retaining walls in the shore setback zone where they are normally prohibited;and a conditional use permit for lakeshore alterations per Section 10.03, Subdivision 21; and a variance per Section 1022, Subdivision 2. Approval is subject to the following conditions: Page 3 of 6