09-22-2003 Council Packet - Laserfiche WebLink

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4. 5. a. The existing 8'high retaining wall failed and caused a landslide on the lakcyard slope within 75 ’ of the shoreline. b. The reconstruction of a wall 4’ or less in height and maintenance of a slope no greater than 2:1 is supported by the City's Engineer, and is necessary to stabilize the slope and protect the slope from further damase. c. The applicants ha\ e provided a restoration plan meeting the goals and intent of the Zoninc Code and the Orono Community Management Plan. d. The Plaiming Commission finds that the plan should be amended to include two new trees within the lake yard to soften the view of the restored slope. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district: that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or o'her danger to nei^boring property: would not merely ser\e as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to prcseixe a substantial property right of the applicant; and would be in keeping w ith the spirit and intent of the Zoning Code and Comprehensive Plan of the Citv. CONCLl'SIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Orono Municipal Zoning Code Section 78-1286(b) and 78-966 to for a conditional use permit per Orono Municipal Zoning Code Section 78- 1286(b) and 78-966 to allow construction of a 4’ retaining wall and the import of fill in Page 2 of S naai