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CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> y� A, 66 6 9 <br /> 9kESHo�� NO. <br /> the easement for drainage or utility purposes, any private improvements <br /> within the easement are at risk. <br /> g. Allowing the wall to remain in place as constructed should be subject to <br /> execution of an Encroachment Agreement to be filed in the chain of title. Such <br /> Agreement would place this and future owners on notice that if the City <br /> and/or utility companies need to access the easement area in the future, the <br /> encroaching wall may be disturbed or destroyed in the process and the owner <br /> will not be compensated for any damage to the wall, nor will the City be <br /> obligated to replace it, but that the owner may replace the wall in kind as long <br /> as such replacement does not conflict with the City and/or utility company use <br /> of the easement area. <br /> 4. Conditional Use Permit Analysis. The City Council makes the following findings <br /> with regard to the criteria necessary for the granting of a conditional use permit. <br /> (1) The proposed use is consistent with the Community Management Plan <br /> (CMP). The proposed use is accessory residential in nature and <br /> residential use is consistent with the CMP guiding for this residential <br /> neighborhood <br /> (2) The proposed is compliant with the zoning code, including any conditions <br /> imposed on specific uses as required by article V, division 3 of the City <br /> Code. Construction of a retaining wall less than 5 feet from a lot line <br /> requires a conditional use permit per Article V, Division 3, hence this <br /> application. <br /> (3) The proposed use is adequately served by police, fire, roads, and stormwater <br /> management. The proposed use will be adequately served by existing <br /> services and facilities. <br /> (4) The proposed use is provided with an adequate water supply and sewage <br /> disposal system. This criteria is not applicable to this situation. <br /> (5) The proposed use is not expected to generate excessive demand for public <br /> services at public cost. This criterion is met <br /> (6) The proposed use is compatible with the surrounding area as the area is used <br /> both presently and as it is planned to be used in the future. The retaining <br /> wall as constructed is expected to have no detrimental effects on adjoining <br /> or nearby properties, and is compatible in visual and functional aspects <br /> with the surrounding properties. <br /> Page 3 of 7 <br />