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0,�,. <br /> 0 0 <br /> CITY of ORONO <br /> ti <br /> leis �Q- RESOLUTION OF THE CITY COUNCIL <br /> `9kESH0 NO. <br /> a) The applicants constructed 1'-2' high retaining walls and a stairway on the <br /> street side of the road without obtaining the required building permits. Only <br /> the stairway at a 4' width would likely have been granted a permit had one <br /> been applied for. <br /> b) The creation of a flat area above the walls for potential storage of trailers or <br /> other property within 75' of the lakeshore is not necessary to preserve any <br /> inherent property rights of the owner,and no suitable hardship supporting or <br /> justifying the walls has been presented by the applicants. Furthermore, <br /> Orono's 2000-2020 Community Management Plan (CMP) Part 3A, the <br /> Environmental Protection Plan,in Urban Area Policies for Natural Resource <br /> Management, Policy 2, states that "Retaining walls will be discouraged <br /> except when absolutely necessary to prevent erosion,in which case they will <br /> be screened with natural vegetation." <br /> C) The retaining walls are constructed on a slope of 1:6 or 17%over a distance <br /> of 10-15', and Planning Commission concludes that the walls are not <br /> necessary to preserve the slope. <br /> d) The Planning Commission finds that the slope of applicants'yard on the house <br /> side of the street has a steep bank near the street lot line which does appear <br /> to require stabilization to prevent erosion,and a retaining wall at that location <br /> would be appropriate and would be supported by hardship to the land,subj ect <br /> to adequate screening to minimize the visual impacts of that wall,and subject <br /> to construction of the wall outside the right-of-way of Fagerness Point Road. <br /> e) Applicants should be required to restore the grade on the lake side of the road <br /> and revegetate that area. Applicants should obtain a building permit for the <br /> maximum 4'wide stairway that would be allowed on the lake side of the road. <br /> Applicants must provide adequate plans and obtain the appropriate building <br /> permits for construction of the stairs,as well as for the walls on the house side <br /> of the road. <br /> 4. The City Council has considered this application including the findings and <br /> recommendations of the Planning Commission, reports by City staff, comments by <br /> the applicants and the public, and the effect of the proposed variance on the health, <br /> safety and welfare of the community. <br /> Page 2 of 6 <br />