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04��0 <br />14k <br />CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 7 __ <br />a. There -is a section of a two -tiered retaining wall at an approximate 8' <br />height that runs for a distance of 24' along the east lot line of the property. <br />b. The existing two -tiered retaining wall was installed in 1987 because of <br />severe erosion resulting from back to back 100 year storms. <br />C. The properties to the immediate north also installed two -tiered timber <br />retaining walls in 1987 to sustain bank adjacent to County Road right-of- <br />way. <br />d. There are visual signs of -erosion of the 90' of bank that remains <br />unprotected. <br />e. There is an existing 2-3' high timber wall that -has been installed within the <br />unprotected bank that is in a severe state of deterioration. <br />f. The engineer has approved the engineering plans for the timber wall <br />construction per engineering report by GTME Consultants Inc.. dated <br />February 29, 1996. <br />4. The Council finds that the conditions existing on this property are peculiar to it and <br />do not apply generally to other property in this zoning district; that granting the <br />variance would not adversely affect traffic conditions, light, air nor pose a fire <br />hazard or other danger to neighboring properties, would not merely serve as a <br />convenience to the applicants, but is necessary to alleviate a demonstrable hardship <br />or difficulty; is necessary to preserve a substantial property right of the applicant; <br />and would be in keeping with the spirit and intent of the Zoning Code and <br />Comprehensive Plan of the City. <br />5. The City Council finds that granting a conditional use permit to allow the <br />installation of a two -tiered timber retaining wall will not be detrimental to the <br />health, safety or general welfare of the public, would not adversely affect light, air <br />nor pose a fire hazard or other danger to neighboring property, nor will its use <br />depreciate surrounding property values and that the proposed level of use of the <br />property will be in keeping with the intent and objectives of the Zoning Code and <br />Comprehensive Plan of the City. <br />Page 2 of 6 <br />