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0 CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />ti„ NO. 7477 <br />kEsHO <br />FINDINGS OF FACT: <br />Al. The analysis contained within staff memos and the exhibits attached to the aforesaid <br />memos, all minutes from the above-mentioned meetings, and all other materials <br />distributed at these meetings are hereby incorporated by reference. <br />A2. The Property is located in the LR-1 B One Family Lakeshore Residential Zoning District. <br />A3. The Property contains 22,592 square feet or 0.51 acres in area and has a defined lot <br />width of 100 feet. <br />A4. The Property is within Tier 1 and hardcover is limited to 25% according to the <br />Stormwater Quality Overlay District. <br />A5. The Owner has applied for a conditional use permit to install retaining walls within the <br />75-foot lake setback. <br />A6. In considering this application for a conditional use permit, the Council has considered <br />the advice and recommendation of the Planning Commission and the effect of the <br />proposed project upon the health, safety and welfare of the community, existing and <br />anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the <br />effect on values of property in the surrounding area. <br />CONDITIONAL USE PERMIT ANALYSIS: <br />Municipal Code Section 78-1279(3)(c) states that a wall within a defined bluff and bluff <br />setback; and/or a replacement wall 4 feet in height or greater; and/or any new walls shall <br />require a conditional use permit. New walls and replacement walls greater than 4 feet in <br />height must meet the following conditions. The Council must determine that the walls are: <br />B1.Designed to correct an established erosion problem; the Owners have indicated that <br />the new walls were necessary to preserve the lake slope due to the existing wall <br />failure and neglect over time. This criterion is met; and <br />B2.Suitable given the demonstrated need; The Owners'surveyor provided the following <br />statement: the `proposed retaining walls follow the same general layout as the <br />existing retaining walls. Existing dry-stacked stone walls are failing and in need of <br />replacement. Areas between new walls are proposed with plantings to help with <br />screening of walls". This criterion has been met; and <br />2