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CITY of ORONO <br />RESOLUnON OF THE CITY COUNCIL <br />NO. 8 5 20 <br />«BH«’ <br />4. <br />5. <br />pennit per Zoning Code Sections 10.03, Subdivision 19,10.55, Subdivision 8 and <br />10.22, Subdivision 1 (B) to permit the 5-8 ’ high replacement retaining wall on the <br />property, based on the following findings: <br />a.The lakeshore lot has a steep sloping lakeshore bank and at tht w '‘p or <br />ridge of the bank an old timber retaining wall had been installed sometime <br />in the 1950 ’s. <br />b.At the site inspection in November of 1994, the City staff a^ City <br />Engineer confirmed that the former wall was in a serious state of disrepair <br />and needed to be replaced prior to the spring thaw and rains of 1995. <br />c.The wall could not be replaced in the winter months because of the <br />condition of the soils. <br />d.If the wall was to fail, this would involve the major collapse of the <br />applicant’s lakeshore bank and the loss of several mamre plantings. <br />e.Existing mature plantings have been saved during the reinstallation of the <br />second retaining wall providing screening from the shoreline. <br />f. The wall has been installed per the standards set forth by the manufacturer <br />aiid under the directives of the City Engineer. <br />The Council finds that the conditions existing on this propeity are peculiar to it <br />and do not apply generally to other property in this zoning district; that granting <br />the variance would not adversely affect traffic conditions, light, air nor pose a <br />fire hazard or other danger to neighboring properties, would not merely serve m <br />a convenience to the applicant, but is necessary to alleviate a demonstrable <br />hardship or difficulty; is necessary to preserve a substantial property right of t^ <br />applicant; and would be in keeping with the spirit and intent of the Zoning Code <br />and Comprehensive Plan of the City. <br />The City Council finds that granting a conditional use permit to allow the <br />installation of a retaining wall will not be detrimental to the health, safety or <br />general welfare of the public, would not adversely affect light, air nor pose a fire <br />Page 2 of 5 <br />4 <br />j