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p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti- * NO. 7110 G `-IkES HOv-t 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting the lake setback variance allowing the retaining walls within the 75-foot setback will not adversely impact health, safety, comfort or morals, or be contrary to the ordinances. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty."The applicant has provided demonstration of the practical difficulties which support granting the lake setback to permit the construction of retaining walls within 75 feet of the OHWL. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 to allow retaining walls within the lake yard, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey and plan dated 06/18/19 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 3. The Applicant shall submit an acceptable landscape plan which provides screening of the retaining walls when viewed from the lake with the building permit application. 4. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 13th day of July, 2020. ATTEST: CITY OF ORONO: 04711& 41 40 Anna Carlson, City Clerk Dennis Walsh, Mayor 4