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� <br /> i ` <br /> � O� <br /> O O <br /> � � CITY of ORONO <br /> � <br /> ,� ;� �, <br /> �'�',� ��' RESOLUTION OF THE CITY COUNCIL <br /> �`9 4'�' N0. � � � h <br /> kESII� . .� <br /> FINDINGS <br /> l. This application was reviewed as Zoning File#07-3294. <br /> 2. The Planning Commission reviewed this application on July 16, 2007 and on a <br /> vote of 6 - 0 recommended approval of the conditional use permit for <br /> construction and reconstruction of retaining walls within the 0-75 foot <br /> shoreland zone and a hardcover variance for the associated hardcover based on <br /> the walls being necessary to maintain the steep slope and preserve two large <br /> trees. <br /> 4. The City Council has considered this application including the findings and <br /> recommendations of the Planning Commission, reports by City staff, <br /> comments by the owners 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 peculiar <br /> to it and do not apply generally to other property in this zoning district; that <br /> granting the variance would not adversely affect traffic conditions, light, air <br /> nor pose a fire hazard or other danger to neiDhboring property; would not <br /> merely serve as a convenience to the owners, but is necessary to alleviate a <br /> demonstrable hardship or difficulty; is necessary to preserve a substantial <br /> property right of the owners; and would be in keeping with the spirit and intent <br /> of 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 conditional <br /> use permit for retaining walls within the 0 to 75 foot zone and a variance to allow the <br /> hardcover associated with the retaining walls in the 0 to 75 foot zone, subject to the following <br /> conditions: <br /> 1. Council approval is based on the site plan submitted by the owners and annotated by <br /> City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan <br /> which are not in conformity with City codes will require further Planning Commission <br /> and City Council review. <br /> Page 2 of 4 <br />