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CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the <br />Orono City Council hereby grants a variance to Municipal Zoning <br />Code Section 10.22, Subdivisions 1 and 2 and Section 1n.55, <br />Subdivision 8 and a conditional use permit per Section 10.03, <br />Subdivision 19 for after -the -fact approval of retaining wall <br />construction in the 0-75' lakeshore setback zone, but further <br />denies after -the -tact approval for similar variances and <br />conditional use permit for construction of a deck located 10' <br />from the lakeshore where no such structure is normally allowed, <br />subject to the following conditions: <br />1. Applicant shall be allowed to complete the retaining <br />walls as shown on the attached survey (Exhibit A). <br />Applicant shall provide the City staff with a planting <br />schedule to indicate how those wood retaining walls will be <br />screened by vegetation. <br />2. Applicant shall remove the 12'xl8' deck within 60 days <br />of the adoption of this resolution. Applicant shall further <br />provide a suitable fence or similar sa-Jety barrier at the <br />top of the remaining concrete foundation wall. The concrete <br />foundation wall may remain in place, in order to provide <br />support and stability for the steep lakeshor--! bank behind <br />it. <br />3. Applicant is encouraged to screen the concrete <br />foundation wall facing the lake with vegetation or by <br />painting the wall to blend in with the surroundings. <br />4. Hardcover in the 0-75' zone shall consist solely of the <br />following items: <br />Wood stairs <br />Upper landing <br />Lower platform <br />Rock retaining walls <br />Wood retaining walls <br />Total <br />112 <br />s.f. <br />30 <br />s.f. <br />16 <br />s.f. <br />7 <br />s.f. <br />45 <br />s.f. <br />210 <br />s.f. or 2.7% <br />(area of 0-75' zone = 7,800 s.f.) <br />The applicant is advised that no future additional hardcover <br />will be allowed in the 0-75' zone. <br />Page 4 of 6 <br />