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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />5 0 I:!:' ,r, NO. .:ll 2 <br />3. The Planning Commission reviewed this application at a public hearing <br />held on September 15, 2003 and recommended approval of the conditional <br />use permit based on the following findings: <br />a. The existing 8' high retaining wall failed and caused a landslide on the <br />lakeyard slope within 7 5' of the shoreline. <br />b. The reconstruction of a wall 4' 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 have provided 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 finds that the plan should be amended to <br />include two ne,v trees within 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 applicants and the public, and the effect of the proposed <br />variance on the health, safety and welfare of the community. <br />5. The City Council finds that the conditions existing on this property are <br />peculiar to it and do not apply generally to other property in this zoning <br />district; that granting the variance would not adversely affect traffic <br />conditions, light, air nor pose a fire hazard or other danger to neighboring <br />property; would not merely 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 property 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 pe1mit per Orono Municipal Zoning Code Section 78-1286(b) <br />Page 2 of 5