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Resolution 6669
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Reso 0001-7499
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Reso 6600 - 6699 March 28, 2016 - November 28, 2016)
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Resolution 6669
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1/31/2020 11:50:47 AM
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�°moo <br /> CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> y�t9k gtiG1 NO. 6 6 6 9 <br /> EsuO <br /> (14) All exterior lighting shall be so directed so as not to cast glare toward or <br /> onto the public right-of-way or neighboring residential uses or districts. <br /> This criterion is not applicable to this situation. <br /> (15) Not detrimental to the public health, public safety, or general welfare. The <br /> wall as constructed is not expected to have any impact on the health, <br /> safety and welfare of the public, and is expected to provide a safer <br /> driveway situation for the applicants. <br /> 5. The City Council has considered this application including the findings and <br /> recommendation of the Planning Commission, reports by City staff, comments by <br /> the Applicants and the public, and the effect of the proposed conditional use <br /> permit on the health, safety and welfare of the community. <br /> 6. The City Council finds that the Applicants' request would be in keeping with the <br /> spirit and intent of the Zoning Code and Comprehensive Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby grants <br /> after-the-fact approval of a conditional use permit (CUP) pursuant to Municipal Zoning Code <br /> Sections 78-967(b)(3) and 78-1405(a)(5.1)c for construction of a 4-foot high retaining wall <br /> located less than 5 feet from a side lot line, and grants approval of an encroachment agreement, <br /> as said wall is within a dedicated drainage and utility easement where no such walls are normally <br /> allowed except by encroachment agreement per section 78-1405(a)(5.l)a.2., subject to the <br /> following conditions: <br /> 1. This approval is for the wall depicted on the as-built survey attached hereto as Exhibit B. <br /> 2. Applicants and City shall execute an Encroachment Agreement to be filed in the chain of <br /> title of the Property. Such Agreement shall place this and future owners on notice that if <br /> the City 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 will not be <br /> compensated for any damage to the wall, nor will the City be obligated to replace it, but <br /> that the owner may replace the wall in kind as long as such replacement does not conflict <br /> with the City and/or utility company use of the easement area. <br /> 3. Authorities granted by this resolution run with the Property not with the Applicants, but <br /> are permissive only. Violation of or non-compliance with any of the terms and <br /> Page 5 of 7 <br />
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