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� � • � clt� o� oR,oNO � RESOLUTION OF THE CITY COUNCIL , NO. 1600 • • � • • d) the proposed improvementsare consistent with the intent and objectives of the environmental standards of the Comprehensive Plan. . e) The City Engineer in his report dated September 14 , 1983 reviewed the existing retaining walls and recommended removal of•certain portions of the existing retaining walls which encroach on City property. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff , comments by the owner and the effect of the proposed land alteration on the health , safety and welfare of the community. � 5. The City Council finds that granting a Conditional Use Permit to alter the lakeshore bank as proposed will not be detrimental to • the health , safety or general welfare of the public , would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the owner , but is necessary to alleviate a demonstrable � hardship or difficulty; is necessary to preserve a substantial property right of the owner ; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. . 6. The City Council finds that granting a variance for the land alteration as proposed as necessary to alleviate a demonstrable hardship, is necessary to preserve a substantive property right of the owner and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Zoning Ordinance 31 .831 and grants a Conditional Use Permit as required per Zoning Ordinance 31.700 to permit land alterations. within 75 feet of the lakeshore subject to the following conditions: 1 . The upper , separated box section of the existing retaining wall encroaching upon ivy Lane must be reconstructed subject to the review and approval of the City. '� • .