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City of ORONO CITY • RESOLUTION OF THE CITY COUNCIL OF NO. 2407 ORONO WHEREAS, on January 11 , 1988 the City Council voted 4 to 0 to deny the applicants original proposal for excavation within 75' of the lakeshore to create a walkout type yard area, finding that the proposed grading greatly exceeded that necessary to merely restore the lakeshore bank, that no hardship was presented to adequately support the need for such .a walkout excavation, that such excavation would result in a negative impact on the character of the shoreline, and was not in keeping with the guidelines of the City's Comprehensive Land Use Plan. The Planning Commission recommended approval of a ground level deck as proposed, attached to the house, subject to concurrent removal of the existing platform structure near the lake; and WHEREAS, the applicant subsequently submitted a revised proposal to the Council , to create a 3' deep excavation between the house and the lakeshore bank, rather than the deeper walkout excavation originally proposed. On February 8 , 1988 the Council voted 5 to 0 to refer the application back to the Planning Commission for review of the proposed revision; and WHEREAS, on March 21, 1988 the Planning Commission reviewed the revised proposal and voted 3 to 1 on a motion to recommend denial of the revised proposal , making the same findings as their previous recommendation, and recommended approval of variances for average lakeshore setback and 75' lakeshore setback and for hardcover, to allow construction of a deck along the lakeshore side of the house, conditioned on concurrent hardcover removals, resulting in no net increase in hardcover in the 0-75' setback zone; and WHEREAS, on March 28, 1988 the City Council voted 4 to 0 to deny the 3' excavation from the bank to the house, making the same findings as their January 11, 1988 denial and in that same motion approved the bank restoration method referred to as Option E of the March 23 , 1988 staff memo; , and voted 4 to 0 to approve the necessary lakeshore setback and hardcover variances to allow construction of the proposed deck, subject to removal of existing hardcover so that no hardcover increase results. In addition, the council voted 3 to 1 to deny the continued use of the existing drainpipe transporting roof run-off directly to the lakeshore bank, which does not allow for any infitration; and WHEREAS, the City Council has reviewed the application; the recommendations of the staff and Planning Commission; and the comments and written statements submitted by the applicant and his consultants. Page 2 of 10