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�ONp CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> FSHO�� NO. TOOT <br /> G <br /> 11. `The granting of the proposed variance will not in any way impair health, safety, comfort or <br /> morals, or in any other respect be contrary to the intent of this chapter." Granting the lake <br /> setback variance allowing the retaining walls within the 75-foot setback will not adversely <br /> impact health, safety, comfort or morals, or be contrary to the ordinances. <br /> 12. "The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty."The applicant has provided demonstration <br /> of the practical difficulties which support granting the lake setback to permit the <br /> construction of retaining walls within 75 feet of the OHWL. <br /> CONCLUSIONS, ORDER AND CONDITIONS: <br /> Based upon one or more of the above findings, the Orono City Council hereby grants a <br /> variance to Orono Municipal Zoning Code Section 78-1279 to allow retaining walls within the lake <br /> yard, subject to the following conditions: <br /> 1. Council approval is based on the entire record, above Findings. <br /> 2. The approved project shall conform to the survey and plan dated 06/18/19 and building <br /> plans submitted by the Applicants and annotated by City staff, attached to this Resolution <br /> as Exhibits A& B. <br /> 3. The Applicant shall submit an acceptable landscape plan which provides screening of the <br /> retaining walls when viewed from the lake with the building permit application. <br /> 4. Any amendments to the plans which are not in conformity with City codes may require <br /> further Planning Commission and City Council review. <br /> 5. Authorities granted by this resolution run with the Property not with the Applicants, but are <br /> permissive only and must be exercised by obtaining a building permit for the new <br /> construction and commencing construction of said project. A framing inspection must be <br /> completed within one year of the date of Council approval, or the variance will expire on <br /> that date (August 12, 2020). <br /> 4 <br />