Resolution 7545 Conditional Use Permit 755 Tonkawa Rd

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4�ON0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7545 lI' SHO A4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. The Applicant proposes 17.6% total site hardcover. A5. The Applicant requests a conditional use permit to construct new and replacement retaining walls as a part of a deck replacement within the lakeshore setback. A6. In considering this application for a conditional use permit, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed conditional use permit upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. CONDITIONAL USE PERMIT ANALYSIS: The City Council may approve a conditional use permit for the construction of retaining walls as long as the walls are: B1. Designed to correct an established erosion problem; The proposed retaining walls are replacing existing walls in poor condition, that have provided slope stability for the site and facilitated lake access for several decades. This criterion is met; and B2. Suitable given the demonstrated need; The proposed retaining walls are found to be suitable in comparison to the existing retaining walls in terms of providing slope stability and erosion control. This criterion is met; and B3. Designed by a registered engineer or landscape architect, depending on the project scope; The proposed retaining walls were designed by licensed landscape architects. This criterion is met; and B4. Designed to be the minimum size necessary to control the erosion problem; The proposed retaining walls are designed to reduce hardcover in the 75'lakeshore setback, overall wall height, and the width of the proposed deck. This criterion is met. Based on the application and the evidence submitted, the Council finds that the proposed use at the proposed location is or will be: B5. Consistent with the community management plan; the new deck and retaining wall will reduce the visual massing of improvements along the lakefront and the hardcover within the 75'lakeshore setback will decrease, aspects that are consistent with the Comprehensive Plan; and B6. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; retaining walls within the lakeyard are 2