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• City of oR,olvo RESOLUTION OF THE CITY COUNCIL NO. 2538 5. The Orono Council conceptually reviewed this application on October 24, 1988 and recommended approval of the after -the -fact variances and conditional use permit but asked for specific alterations of the existing retaining wall and changes in the final grades within the upper wall sections. This approval was based on the following findings: A) The lakeshore restoration plan as amended by the Council is more consistent with the guidelines established by the City in the consideration of similar after -the -fact applications. B) As amended, the wall sections would continue to provide stability for the bank but wall exposure would be reduced by 60%. C)- The proposal as amended by the Council would retain the sub- structure of the upper retaining walls that would continue to provide the needed stability of the disturbed bank area. Final • grades at 2k:1 slope within the upper retaining wall areas will also allow for vegetation to return. 6. The City Council finds that the conditions existing on this pro- perty are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 7. The City Council finds that granting a conditional use permit to allow the retaining wall structure to remain in the lakeshore yard as amended 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 properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Page 2 of 8