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�o�o <br /> C ITY OF ORONO <br /> RESOLUT'ION OF THE CITY COUNCIL <br /> �`�1., �.�'~� N o. 6 5 4 � <br /> kFsxo� <br /> plan is not out of conformance with the general neighborhood and will not result <br /> in a negative impact to the adjacent properties. <br /> v. The conditions do not apply generally to other land or structures in the district <br /> in which the land is located. Many other properties along the lake shore have <br /> similar erosion concerns. <br /> w. The granting of the application is necessary for the preservation and enjoyment <br /> of a substantial property right of the Owners. <br /> x. The granting of the setback variance is necessary in order to preserve health <br /> and safety by preventing further erosion and damage to the lake slope on the <br /> Property. <br /> y. The granting of such variance will not merely serve as a convenience to the <br /> applicant, but is necessary to alleviate demonstrable difficulty. The variance is <br /> necessary in order to stop the current damage and prevent further erosion into <br /> the lake. <br /> 4. The Council has considered this application including the findings and <br /> recommendation of the Planning Commission, reports by City staff, comments by <br /> the Owners and the public, and the effect of the proposed variance and conditional <br /> use permit on the health, safety and welfare of the c;flmmunity. <br /> 5. The City Council finds that the conditions existing on this Property are peculiar to <br /> it and do not apply generally to other property in this zoning district; that granting <br /> the variance and conditional use peRnit would not adversely affect traffic <br /> conditions, light,air nor pose a fire hazard or other danger to neighboring property; <br /> and would be in keeping with the spirit and intent of the Zoning Code and <br /> Comprehensive Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council grants: a CUP <br /> pursuant to Orono Municipal Zoning Code Sections 78-966, 78-967 and 7&1286 to allow grading <br /> for construction of subterranean retaining walls and landscape plantings in conjunction with slope <br /> stabilization measures within 75 feet of the OHWL on the Property; and variances to Orono <br /> Municipal Zoning Code Sections 78-1288, 78-1680 and 78-1700 to allow new hardcover in <br /> conjunction with construction of subterranean retaining walls within 75 feet of the OWHL of <br /> Tanager Lake where no hardcover is permitted; subject to the following conditions: <br /> Page 4 of 7 <br />