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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />B9. The conditions do not apply generally to other land or structures in the district in which the <br />land is located; the conditions of the property are unique and generally do not apply to other <br />properties where the lakeshore setback surrounds a property as significantly. Any <br />modifications to the driveway and most modifications to the house impact the lakeshore; and <br />810. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the Applicant; the granting of variances for the homeowner is <br />necessary for the preservation and enjoyment of a substantial property right. Without relief <br />from the shoreland overlay standards, the house cannot be substantially improved or <br />altered, nor the driveway relocated further inland; and <br />B11. The granting of the proposed variance will not in any way impair health, safety, comfort or <br />morals, or in any other respect be contrary to the intent of this chapter; the granting of <br />variances under these circumstances is not be contrary to the intent of the zoning code, nor <br />impact the health, safety, comfort, and morals of the community. The proposal involves <br />minimal expansions of the existing home and results in a net reduction in hardcover in the <br />lakeshore, which is an improvement for the property given the substantial lake frontage it <br />has; and <br />B12. The granting of such variance will not merely serve as a convenience to the Applicant, but is <br />necessary to alleviate demonstrable difficulty; the granting of variances for both the house <br />modifications and hardcover alterations would be reasonable given the demonstrated <br />difficulties of the lakeshore impacting the property. <br />CONDITIONAL USE ANALYSIS: <br />The City Council may approve a conditional use permit for the construction of retaining walls as <br />long as the walls are: <br />3 <br />1. Designed to correct an established erosion problem; the existing timber walls have <br />deteriorated significantly and have failed to adequately provide soil stability in this area. The <br />proposed change in material to limestone and the 2.4400t extension will better address the <br />existing conditions of the failed wall and prevent stormwater from impacting the building; and <br />C2. Suitable given the demonstrated need; the proposed walls are suitable and have been <br />articulated to address the conditions the existing walls failed to contain; and <br />C3. Designed by a registered engineer or landscape architect, depending on the project scope; <br />a licensed engineer's letter was submitted with the application attesting to the need for the <br />proposed retaining wall; and <br />