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* <br />of a retaining wall system will not to be detrimental to the health, safety or general <br />welfare of the public, would not adversely affect light, air nor pose a fire hazard or <br />other danger to neighboring properties, nor will it depreciate surrounding property <br />values and that the proposed level of use of the property will be in keeping with the <br />intent and objectives of the Zoning Code and Comprehensive Plan of the City. <br />7.The City Council has considered this application including the findings and <br />recommendations of the Plaiming Commission, reports by City Staff, commenis <br />by the applicants and the effect of the proposed variances on the health, safety and <br />welfare of the community. <br />CONCLUSIONS. ORDER, ,\ND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants variances to Municipal Code Sections 10.22, Subdivision 2, 10.55, Subdivision 8 and <br />10.56, Subdivision 16 (J) and (L) to allow hardcover in the 0-75' lakeshore setback zone of <br />5.12% where no hardcover is normally allowed, and a variance to Section 10.56, Subdivision <br />16(C)(5) to allow retaining walls where they are normally prohibited in the shore setback zone, <br />and a conditional use permit for lakeshore alterations per Section 10.03, Subdivision 21. <br />Approval is subject to the following conditions: <br />1.Council approval is based on the site plan submitted by the applicants attached to <br />this resolution as Exhibit A. Any amendments to the site plan may require further <br />Planning Commission and City Council review. <br />2.Shrubs or some other form of natural vegetation, not less than two feet in height, <br />are required to be planted and maintained permanently between the retaining wall <br />and the shoreline. A landscaping plan shall be submitted by the property owner <br />and approved by City Staff prior to such plantings. <br />3.The property owner shall obtain the appropriate building and land alteration <br />permits for the retaining wall prior to construction. <br />Page 3 of 6 <br />1