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4 � ` <br /> } <br /> . � O� <br /> O O <br /> � � C ITY of ORONO <br /> � ��. � <br /> ti <br /> �� p'�' RESOLUTION OF THE CITY COUNCIL <br /> ��kESI'iO4� NO. _ �► O ��i � <br /> 3. The Planning Commission reviewed this application at a public hearing <br /> held on September 1�, 20Ci� and recommended approval of the conditional <br /> use permit based on the following findings: <br /> a. The existing 8' hi�h retaining wall failed and caused a landslide on the <br /> lakeyard slope�-ithin 7�' of the shoreline. <br /> b. The reconstruction of a wa114' or less in height and maintenance of a <br /> slope no greater than 2:1 is supported by the City's Engineer, and is <br /> necessary to stabilize the slope and protect the slope from further <br /> damage. <br /> c. The applicants ha�•e pro�-ided a restoration plan meeting the goals and <br /> intent of the Zoning Code and the Orono Community Management <br /> Plan. <br /> d. The Planning Commission fmds that the plan should be amended to <br /> include two new trees «-ithin the lake yard to soften the view of the <br /> restored slope. <br /> 4. The City Council has considered this application including the findings <br /> and recommendation of the Planning Commission, reports by City staff, <br /> comments by the apFlicants and the public, and the effect of the proposed <br /> variance on the health, saf�t��and welfare of the community. <br /> 5. The City Council finds that the conditions existin� on this property are <br /> peculiar to it and do not apply generally to other property in this zoning <br /> district; that grantina the variance would not adversely affect traffic <br /> conditions, light, air nor gose a fire hazazd or other danger to neighboring <br /> property; would not merel��serve as a convenience to the applicants, but is <br /> necessary to alleviate a demonstrable hardship or difficulty; is necessary to <br /> preserve a substantial prop�-ty right of the applicants; and would be in <br /> keeping with the spirit and intent of the Zoning Code and Comprehensive <br /> Plan of the City. . <br /> CONCLUSIONS. ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby <br /> grants a conditional use permit per Orono Municipal Zoning Code Section 78-1286(b) <br /> Paae 2 of 5 <br />