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- � o� <br /> 0 0 <br /> `''y����.- CITY of ORONO <br /> � �� � � <br /> ;���� ti <br /> ��� �"'�,.�p~' RESOLUTION OF THE CITY COUNCIL <br /> `gkEs�Io4' NO, <br /> a) The applicants constructed 1'-2' high retaining walls and a stainvay on the <br /> street side of the road without obtaining the required building permits. Only <br /> the stairway at a 4' width would likely have been granted a permit had one <br /> been applied for. <br /> b) The creation of a flat area above the�valls for potential storage of trailers or <br /> other property within 7�' of the lakeshore is not necessary to preserve any <br /> inherent property rights o:the owner, and no suitable hardship supporting or <br /> justifying the w�alls has been presented by the applicants. Furthermore, <br /> Orono's 2000-20?0 Community Management Plan (CMP) Part 3A, the <br /> Environmental Protection Plan,in Urban Area Policies for Natural Resource <br /> Management, Policy 2, states that "Ret:�ining �valls will be discouraged <br /> except when absolutely necessary to pre�,��nt erosion, in which case they will <br /> be screened with natural vegetation." <br /> c) The retainin�walis a:e cons�ructed on a slope of 1:6 or 17% over a distance <br /> of 10-15', and Planning Ccmmission concludes that the walls are not <br /> necessary to preserve the slope. <br /> d) The Planning�on:missian finds that the slope of anp?icants'yard an the house <br /> side of tr.e street has a steep bank near the street lot line which does appea� <br /> to require stabilization to prevent erosion,anc�a r�taini�:���t�all at that location <br /> would be appropriate and would be supported by hardship to the land,subj ect <br /> to adequate screening to minimize the visual impacts oi that wall,and subj ect <br /> to construction of the�vall outside the r�ght-ot-tivay af Fagerness Point Road. <br /> e) Applicants should be required to restore the grade on the lake side of the road <br /> and revegetate that area. Applicants should obtain a building permit for the <br /> maximum 4'�vide stairway that tivould be allowed on the lake side of the road. <br /> Applicants must provide adequ,�te plans and obtain the appropriate building <br /> permits for construction of the stairs,as well as for the walls on the house side <br /> of the road. <br /> 4. The City Council has considered this application including the findings and <br /> recommendations of the Plannin; C�mmission, reports by City staff, comments hy <br /> the applicants and the public, and�the effect of the proposed variance on the health, <br /> safety and welfare of the comrnunity. <br /> Page 2 of 6 <br />