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City of ORONO RESOLUTI0N OF THE CITY COUNCIL NO. 2649 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono, hereby denies the application for placement of fill and construction of retaining walls in the 0-75' iakeshore setback zone based upon one or more of the following findings of fact concerning this property: FINDINGS 1. This application was reviewed as Zoning File #1391. 2. The property is located in the LR -1C Lakeshore Residential Zoning District and contains approximately 0.30 acres in area. The LR -1C District requires 0.50 acres in area. 3. Applicant constructed a single family residence on the property in 1984, at which time grades around the residence were established. The applicant maintains that the grades established at the time the residence was constructed do not allow for ease of maintenance of the lawn in the area proposed for fill, and that placement of fill and construction of retaining walls as proposed will alleviate this problem. Applicant also maintains that the fill and retaining walls in the 0-75' lakeshore setback zone are necessary to prevent drainage from flooding the neighboring property. 4. The applicant proposes a retaining wall along the side lot line to a point as close as 40' from the shoreline, with placement of fill as near as 30' to the shoreline. 5. The City Engineer reviewed the proposal and recommended that the retaining wall be constructed no closer than 70' from the shoreline, and that fill placement be limited to only that necessary to fill behind the wall and such fill being placed no closer than 45' to the shoreline. 6. On May 15, 1989, the Orono Planning Commission reviewed the proposal and recommended approval subject to the conditions recommended by the City Engineer as noted above, finding that the retaining wall as originally proposed by the applicant is not strictly necessary to accomplish the Page 2 of 7