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City of ORONO <br />CITY <br />OF. <br />ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 1600 <br />* * * .1 <br />d) Lhc proposed improvornontis ^ire con.si stent with the intent <br />and objectives of the onvi ronmcrjtai standards of the <br />Conprehensive Plan. <br />e) The City Enijinoer in his report dated September 14, 1983 <br />reviewed the existing retaining walls and recommended <br />removal u*. certain portions of the existing retairiing wails <br />which encroach on City property. <br />4. The City Council has considered this application including <br />the findings and recommendat ion.s of tlie Planning Commission, <br />reports by City staff, comments by the owner and the effect of the <br />proposed land alteration on the health, safety and welfare of the <br />community. <br />5. TheCity Co uncii finds that granting a Conditional Use Permit <br />to alter the iakeshore bank as proposed will not be detrimental to <br />the health, safety or general welfare of the public, would not <br />adversely affect light, air nor pose a fire hazard or other danger <br />to no i ghbo r i r.g pr oper ty; would not merely serve as a convenience <br />to the owner, but is nece.ssary to alleviate a demo trable <br />hardship or difficulty; is necessary to preserve a sub. .antial <br />tight of the owner; arjd would be in keeping with the <br />spirit and in tent of the Zoning Code and Comprehensive Plan of the <br />City. <br />6 • The City Co uncii finds that granting a variance for the la rid <br />alteration as proposed as necessary to alleviate a demonstrable <br />hardship, is necessary to nreserve a sub.stantive property right <br />of the owner and would bo in keeping with the spirit and intent of <br />the Zoning Code and Comprehensive Plan of the City. <br />CONCLUf)IONS, ORDER AND CONDITIONS <br />I <br />Based upon the above findings, the Orono City Council her oby g r ants a <br />variance to Zoning Ordinance 31.831 and grants a Conditional Use <br />Permit as required per Zoning Ordinance 31.700 to permit land <br />alterations within 75 feet of the lakoshore subject to the following <br />conditions: <br />1. The upper, separated box section of the existing retaining <br />wall encroaching upon Ivy Lane must be r econstj acted subject to <br />the review and approval of the City. <br />1