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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 7387 <br />5 <br />impact health, safety, comfort or morals, or in any way be contrary to the <br />ordinances. <br />B12. “The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty.” The proposed improvements and as- <br />constructed walls within the lake yard will continue to preserve the integrity of the <br />slope and there is no conforming location to install the retaining walls which would <br />protect the slope. Preserving the existing walls is necessary for the protection of <br />the slope and the lake. <br />CONCLUSIONS, ORDER AND CONDITIONS: <br />Based upon one or more of the above findings, the Orono City Council hereby grants <br />approval of after-the-fact variances pursuant to Orono Municipal Zoning Code Section 78-1279 <br />and 78-1680 to allow the reconstruction of the existing retaining walls with expansions including <br />installation of a replacement lakeside deck and shed, according to the approved plan, subject to <br />the following conditions: <br />C1. Council approval is based on the entire record, above Findings. <br />C2. The project shall conform to the survey and submitted plans (hereinafter the “Plans”) <br />submitted by the Applicants and annotated by City staff, attached to this Resolution as <br />Exhibits A and B. <br />C3. Any amendments to the Plans which are not in conformity with City codes may require <br />further Planning Commission and City Council review. <br />C4. Upon approval of the after-the-fact variances the City will release the Stop Work order <br />for building permit RAS22-000082. <br />C5. An As-Built survey meeting the City’s standards shall be provided by the Applicants <br />upon completion of the lakeshore construction and the home construction projects. <br />C6. Authorities granted by this resolution run with the Property not with the Applicants, but <br />are permissive only and must be exercised by satisfactorily completing the project and <br />as-built survey. The lakeshore improvements must be completed and inspected within <br />one year of approval or the after-the-fact variances will expire on July 24, 2024. <br />C7. Violation of or non-compliance with any of the terms and conditions of this resolution <br />may result in the termination of any authority granted herein.