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*),A:-14 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL tiG1 NO. 6 6 6 9 FSHD (14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts. This criterion is not applicable to this situation. (15) Not detrimental to the public health, public safety, or general welfare. The wall as constructed is not expected to have any impact on the health, safety and welfare of the public, and is expected to provide a safer driveway situation for the applicants. 5. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. 6. The City Council finds that the Applicants' request would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants after-the-fact approval of a conditional use permit (CUP) pursuant to Municipal Zoning Code Sections 78-967(b)(3) and 78-1405(a)(5.1)c for construction of a 4-foot high retaining wall located less than 5 feet from a side lot line, and grants approval of an encroachment agreement, as said wall is within a dedicated drainage and utility easement where no such walls are normally allowed except by encroachment agreement per section 78-1405(a)(5.1)a.2., subject to the following conditions: 1. This approval is for the wall depicted on the as-built survey attached hereto as Exhibit B. 2. Applicants and City shall execute an Encroachment Agreement to be filed in the chain of title of the Property. Such Agreement shall place this and future owners on notice that if the City and/or utility companies need to access the easement area in the future, the encroaching wall may be disturbed or destroyed in the process and the owner will not be compensated for any damage to the wall, nor will the City be obligated to replace it, but that the owner may replace the wall in kind as long as such replacement does not conflict with the City and/or utility company use of the easement area. 3. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only. Violation of or non-compliance with any of the terms and Page 5 of 7