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-CATY of ORONO <br /> 11 <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 3524 <br /> 0g� <br /> permit per Zoning Code Sections 10.03, Subdivision 19, 10.55, Subdivision 8 and <br /> 10.22, Subdivision 1 (B) to permit the 5-8' high replacement retaining wall on the <br /> property, based on the following findings: <br /> a. The lakeshore lot has a steep sloping Lakeshore bank and at the top or <br /> ridge of the bank an old timber retaining wall had been installed sometime <br /> in the 1950's. <br /> b. At the site inspection in November of 1994, the City staff and City <br /> Engineer confirmed that the former wall was in a serious state of disrepair <br /> and needed to be replaced prior to the spring thaw and rains of 1995. <br /> C. The wall could not be replaced in the winter months because of the <br /> condition of the soils. <br /> d. If the wall was to fail, this would involve the major collapse of the <br /> applicant's lakeshore bank and the loss of several mature plantings. <br /> e. Existing mature plantings have been saved during the reinstallation of the <br /> second retaining wall providing screening from the shoreline. <br /> f. The wall has been installed per the standards set forth by the manufacturer <br /> and under the directives of the City Engineer. <br /> 4. The Council finds that the conditions existing on this property are peculiar to it <br /> and do not apply generally to other property in this zoning district; that granting <br /> the variance would not adversely affect traffic conditions, light, air nor pose a <br /> fire hazard or other danger to neighboring properties, would not merely serve as <br /> a convenience to the applicant, but is necessary to alleviate a demonstrable <br /> hardship or difficulty; is necessary to preserve a substantial property right of the <br /> applicant; and would be in keeping with the spirit and intent of the Zoning Code <br /> and Comprehensive Plan of the City. <br /> 5. The City Council finds that granting a conditional use permit to allow the <br /> installation of a retaining wall will not be detrimental to the health, safety or <br /> general welfare of the public, would not adversely affect light, air nor pose a fire <br /> Page 2 of 5 <br /> Form 5005 Disk Dram <br />