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� o� <br /> �, O CITY of ORONO <br /> � O s� <br /> �.��� � i <br /> ���� , <br /> ,.� �� V � RESOLUTION OF THE CITY COUNCIL <br /> � � � <br /> �� , ��� ::��,� �� No. � 331 <br /> ��kESH�g� <br /> f The Appii�ants' proposed patio, ir-ground pool and walls will not alter the <br /> essAntial character of tne neighborhood and will resuit in minimal or no <br /> negative impact on adjacent properties. <br /> m. The Appli�ants' proposal to cor,struct patio, ir�-ground pool and walls ahead <br /> of the average lakeshore setback will n�t adversefy impact iake views <br /> �njoyed r"rom the adiacent home to the south. <br /> 4. The City Council has considered this application in�luding the Tindings and <br /> recommendation of the Planning Cornmission, reports by City staff, comments by <br /> the Aqplicants and the pubiic, and the effect of the proposed varance on the <br /> health, saTety and welfare of the comrnunity. <br /> 5. Tne City Councii finds trat tne conditions existing on tnis Property are pe�uGar to <br /> it and do not appiy generalfy to other property in this zoning aistrict; tr�a� g�anting <br /> tne varance vvould na� adversely affe�t trafric conditiors, iight, air no- pos� a fire <br /> hazard or other �ana�r to neignborinq property; wouid not merei�� serve as a <br /> convenience to th� Appficants, but is necessary to alieviate a practical difticulty; <br /> is necessary to preserve a subs,ant�al property right of the Appli:,ants; and would <br /> �� in keeping with tne spirit and intent cr" th� �oning �od� and �omprehensiv� <br /> P�an o�the Cify. � <br /> CC,7N�!tlSiOhS, �R��R ANC7 C�NDiTI�NS <br /> E�sed upon one or mor� of tne a�ove Tindings, the Orono City Coun;,il nereby grants <br /> varian;:es 'to Orono N�unicipal Zoning Coae Seciion 78-i279(6) io alfow- cor,struction of a new <br /> 20 x 40' in-around swimming poo(, pati� and retaining wails ahead of the ave-aqe IakeshorG <br /> satbaci: or th� �roperty; and Orono fUiunicipal �oning Code Section 7&-16Q5 tc afiow <br /> construction of one re'tainin� wall within tn� 50-foct wet�and bufrer and two re�aining wails within <br /> th� 1 C-foot setbacr rrom tne buffer or� the �ropeR��, subiect to the faliowina conditions <br /> i . �oun�il apbroval is based on tnG survey and grading p'�ans submitted by tne kppii�anfs <br /> and anno,atec by City s.aff, at,a�n�d to this Reso"tuiion as Exnibits � � �. Any <br /> amendments to the pian which ar� not in conrormit�� with �ity codes will reauir� furtne� <br /> Pianning Commission and City Coun�ii review. <br /> 2. Proposed hardcover ieveis are conforming to the Tier 1 standards and no hardcover <br /> variances are granted. <br /> 3. The Appiicants shall enter into an Encroachment Agreement with the City prior to <br /> issuance of a builciing permit for the walls to be constructed within the utility easement. <br /> Pa�=P ; of� <br />