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#4458-after the fact CUP/variances-2000
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2523 Kelly Avenue - 20-117-23-12-0039
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#4458-after the fact CUP/variances-2000
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Last modified
8/22/2023 3:49:38 PM
Creation date
3/30/2017 1:14:31 PM
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x Address Old
House Number
2523
Street Name
Kelly
Street Type
Avenue
Address
2523 Kelly Avenue
Document Type
Resolutions
PIN
2011723120039
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Updated
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/ Q <br /> 'Q� 'j�' <br /> � � <br /> ��, CITY of ORONO <br /> � � <br /> _�, <br /> �,� G'� RESOLUTION OF THE CITY COUNCiL <br /> � �9kESII�4�' N0. � � � � <br /> . The City Engineer reported that in his opinion the wall is necessary to stabilize the <br /> slope. Removing the wall and regrading to the natural elevation may not prevent <br /> erosion. A wall is necessary to minimi�e the risk of further erosion, and <br /> replacement of the boulder wall with some other type of retaining wall requiring <br /> additional excavation of the lakeshore bank likely would result in further loss of <br /> • vegetation on the slope. <br /> 9. In order to be consistent with the Comprehensive Plan requirement for screening <br /> as noted above, new plantings would be appropriate between the wall and the <br /> shoreline. The relatively low (3'-4') heiQht of the wall in relation to the wooded <br /> lakeshore bank behind and above it, coupled with the 8' wide terrace between the <br /> wall and the rip-rapped shoreline, will allow for the establishment of vegetation to <br /> � adequately screen the wall in a manner that will make it significantly less visible <br /> as viewed from the lake. <br /> 10. The City Council fmds that the condition� existing on this property are peculiar to <br /> it and do not apply generally to other proFerty in this zoning district; that granting <br /> of the after-the-fact variances to permit a retaining wall within 75 feet of the <br /> lakeshore and the grading work associated with it is necessary to prevent further <br /> erosion along the lakeshore, and is justified because there are no other reasonable <br /> altemative erosion control methoc�s; that granting of the variances would not <br /> adversely affect tra�c conditions, light, air nor pose a fire hazard or other danger <br /> to neighboring property, and would not merely serve as a convenience to the <br /> applicant, but is necessary to alleviate a�emonstrable hardship or difficulty; that <br /> granting of the variances is necessary to preserve a substantial property right of the <br /> applicant; and would be in keeping with the spirit and intent of the Zoning Code <br /> and Comprehensive Plan of the City. <br /> 11. The City Council has considered this application including the fmdings and <br /> recommendations of the Planning Commission, reports by City staff, comments by <br /> the applicant and the effect of the proposed variance on the health, safery and <br /> welfare of the communiry. <br /> Page 4 of i <br />
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