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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />WHEREAS, on January 11, 1988 the City Council voted 4 to 0 to <br />deny the applicants original proposal for excavati-)n within 75' of the <br />lakeshore to create a walkout type yard area, finding that the proposed <br />grading greatly exceeded that necessary to merely restore the lakeshore <br />bank, that no hardship was presented to adequately support the need for <br />such a walkout excavation, that such excavation would result in a negative <br />impact on the character of the shoreline, and was not in keeping with the <br />guidelines of the City's Comprehensive Land Use Plan. The Planning <br />Commission recommended approval of a ground level deck as proposed, <br />attached to the house, subject to concurrent removal of the existing <br />platform structure near the lake; and <br />WHEREAS, the applicant subsequently submitted a revised proposal <br />to the Council, to create a 3' deep excavation between the house and the <br />lakeshore Yank, rather than the deeper walkout excavation originally <br />proposed. On February 8, 1988 the Council voted 5 to 0 to refer the <br />application back to the Planning Commission for review of the proposed <br />revision; and <br />WHEREAS, on March 21, 1988 the Planning Commission reviewed the <br />revised proposal and voted 3 to 1 on a motion to recommend denial of the <br />revised proposal, making the same findings as their previous <br />recommendation, and recommended approval of variances for average lakeshore <br />setback and 75' lakeshore setback and for hardcover, to allow construction <br />of a deck along the lakeshore side of the house, conditioned on concurrent <br />hardcover removals, resulting in no net increase in hardcover in the 0-75' <br />setback zone; and <br />WHEREAS, on Marc '8, 1988 the City Council voted 4 to 0 to deny <br />the 3' excavation from tr Irk to the house, making the same findings as <br />their January 11, 1988 der.:.al and in that same motion approved the bank <br />restoration method referred to as Option E of the March 23, 1988 staff <br />memo;, and voted 4 to 0 to approve the necessary lakeshore setback and <br />hardcover variances to allow construction of the proposed deck, subject to <br />removal of existing hardcover so that no hardcover increase resu:ts. In <br />addition, the council voted 3 to 1 to deny the continued use of tha <br />existing drainpipe transporting roof run-off directly to the lakeshore <br />bank, which does not allow for any infitration; and <br />WHEREAS, the City Council has reviewed the application; the <br />recommendations of the staff and Planning Commission; and the comments and <br />written statements submitted by the applicant and his consultants. <br />Page 2 of 10 <br />