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dip. 0 , O CITY of ORONO +-� ( RESOLUTION OF rTHE CITY COUNCIL 1M `t 6 NO. 3 3 1 4kEsHovv I. The Applicants' proposed patio, in-ground pool and walls will not alter the essential character of the neighborhood and wilt result in minimal or no negative impact on adjacent properties. m. The Applicants' proposal to construct patio, in-ground pool and walls ahead of the average lakeshore setback will not adversely impact lake views enjoyed from the adjacent home to the south. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Applicants, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Pian of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-1279(6) to allow construction of a new 20' x 40' in-ground swimming pool, patio and retaining walls ahead of the average lakeshore setback on the Property; and Orono Municipal Zoning Code Section 78-1605 to allow construction of one retaining wall within the 50-foot wetland buffer and two retaining walls within the 10-foot setback from the buffer on the Property, subject to the following conditions: 1 . Council approval is based on the survey and grading plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & E. Any amendments to the plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed hardcover levels are conforming to the Tier 1 standards and no hardcover variances are granted. 3. The Applicants shall enter into an Encroachment Agreement with the City prior to issuance of a building permit for the walls to be constructed within the utility easement. Page 3 of 5