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13 <br />Shoreland Zoning District in which this property is located; and that granting <br />after-the-fact approval is not necessarv^ for preserv'ation and enjoyment ot a <br />substantial property right of the applicant. <br />In review of the factual findings noted above, the Council tinds that granting of <br />the proposed after-the-fact variances to allow tree removal and intensive <br />vecetation clearins in the 0-75* zc^ne would be in complete conflict with the <br />environmental standards for lakeshore development within the City and would be <br />detrimental to the public health, safety and welfare. The City looks to the <br />broader environmental principles and goals set forth in its Community <br />Management Plan and the intent ot this specific zoning district standards when <br />dealing with matters of the public, health, safety and welfare. The City has an <br />obligation to provide its citizens with a designated and optimum level of density, <br />open space and quality of life, which includes the preservation of lakeshore areas <br />in their natural state to the greatest extent possible. <br />The applicant had ever>' opportunity to verify with the City and the staff whether <br />or not the tree removal and intensive vegetation clearing were allowed or whether <br />such activity required a permit, prior to that activity. The intent and full purpose <br />of the City’s Zoning Code and Community Management Plan have been violated <br />in a manner so severe that the City Council must act to deny this application. <br />The City Council cannot approve the illegal actions of a resident or his agents <br />when similar actions would have been denied through the normal review process. <br />FURTHERMORE BE IT RESOLVED, that the City Council of the City of <br />Orono hereby orders the restoration of vegetation on the property within thirty days of the day <br />of this resolution. The applicant and the agents of the City shall be guided by the following <br />directives in the process of restoration; <br />1.y\pplicant shall replant trees, shrubs, and grasses per the approved restoration <br />plan attached to this resolution as Exhibit A. <br />Appropriate erosion control measures shall be maintained in place during <br />restoration until the di.sturbed earth areas are suitably revegetated. <br />Page 4 of 5