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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO.7545 <br />2 <br />A4. The Property is within Tier 1 and hardcover is limited to 25% according to the <br />Stormwater Quality Overlay District. The Applicant proposes 17.6% total site hardcover. <br />A5. The Applicant requests a conditional use permit to construct new and replacement <br />retaining walls as a part of a deck replacement within the lakeshore 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 conditional use permit upon the health, safety and welfare of the community, <br />existing and anticipated traffic conditions, light and air, danger of fire, risk to the public <br />safety, and the effect on values of property in the surrounding area. <br />CONDITIONAL USE PERMIT ANALYSIS: <br />The City Council may approve a conditional use permit for the construction of retaining walls <br />as long as the walls are: <br />B1. Designed to correct an established erosion problem; The proposed retaining walls are <br />replacing existing walls in poor condition, that have provided slope stability for the site <br />and facilitated lake access for several decades. This criterion is met; and <br />B2. Suitable given the demonstrated need;The proposed retaining walls are found to be <br />suitable in comparison to the existing retaining walls in terms of providing slope stability <br />and erosion control. This criterion is met; and <br />B3. Designed by a registered engineer or landscape architect, depending on the project <br />scope; The proposed retaining walls were designed by licensed landscape architects. <br />This criterion is met; and <br />B4. Designed to be the minimum size necessary to control the erosion problem; The <br />proposed retaining walls are designed to reduce hardcover in the 75’ lakeshore <br />setback, overall wall height, and the width of the proposed deck. This criterion is met. <br />Based on the application and the evidence submitted, the Council finds that the proposed use <br />at the proposed location is or will be: <br />B5. Consistent with the community management plan; the new deck and retaining wall will <br />reduce the visual massing of improvements along the lakefront and the hardcover <br />within the 75’ lakeshore setback will decrease, aspects that are consistent with the <br />Comprehensive Plan; and <br />317