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City, (AORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 1600 <br />d) the proposed impruvements .are consistent with the intent <br />and objectives of the environmental standards of the <br />Comprehensive Plan. <br />e) The City Engineer in his report dated September 14, 1983 <br />reviewed the existing retaining walls and recommended <br />removal of certain portions of the existing retaining wails <br />which encroach on City property. <br />4. The City Council has considered this application including <br />the fir, iings and recommendations of the Planning Commission, <br />reportt, by City staff, comments by the owner and the effect of the <br />proposee land alteration on the health, safety and welfare of the <br />communY. <br />5. the City Council finds that granting a Conditional Use Permit <br />to alter the iakeshore bank as proposed will not be detrimental to <br />the health, safety or general wel fare of the public, would n .t <br />adversely affect light, air n~,r Nose a fire hazard or other danger <br />to neighboring property; would not merely serve as a convenience <br />to the owner, but is necessary to alleviate a demonstrable <br />hardship or difficuity; is necessary to preserve a substantial <br />property right of the owner; and would be in keeping with the <br />spirit and intent of the Zoning Code and Comprehensive Plan of the <br />City. <br />6. The City Council finds that granting a var iance for the land <br />alteration as proposed as necessary to alleviate a demonstrable <br />hardship, is necessary to preserve a substantive property right <br />of the owner and would be in keeping with the spirit and intent of <br />the Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council hereby grants a <br />variance to Zoning Ordinance 31.831 and grants a Conditional Use <br />Permit as required per Zoning Ordinance 31.700 to permit land <br />alterations within 75 feet of the lakeshore subject to the following <br />conditions: <br />1. The upper, separated box section of the existing retaining <br />wal 1 encroaching upon Ivy Lane most be reconstructed subject to <br />the review and approval of the City. <br />