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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />the easement for drainage or utility purposes, any private improvements <br />within the easement are at risk. <br />g. Allowing the wall to remain in place as constructed should be subject to <br />execution of an Encroachment Agreement to be filed in the chain of title. Such <br />Agreement would place this and future owners on notice that if the City <br />and/or utility companies need to access the easement area in the future, the <br />encroaching wall may be disturbed or destroyed in the process and the owner <br />will not be compensated for any damage to the wall, nor will the City be <br />obligated to replace it, but that the owner may replace the wall in kind as long <br />as such replacement does not conflict with the City and/or utility company use <br />of the easement area. <br />4. Conditional Use Permit Analysis. The City Council makes the following findings <br />with regard to the criteria necessary for the granting of a conditional use permit. <br />(1) The proposed use is consistent with the Community Management Plan <br />(CMP). The proposed use is accessory residential in nature and <br />residential use is consistent with the CMP guiding for this residential <br />neighborhood. <br />(2) The proposed is compliant with the zoning code, including any conditions <br />imposed on specific uses as required by article V, division 3 of the City <br />Code. Construction of a retaining wall less than 5 feet from a lot line <br />requires a conditional use permit per Article V, Division 3, hence this <br />application. <br />(3) The proposed use is adequately served by police, fire, roads, and stormwater <br />management. The proposed use will be adequately served by existing <br />services and facilities. <br />(4) The proposed use is provided with an adequate water supply and sewage <br />disposal system. This criteria is not applicable to this situation. <br />(5) The proposed use is not expected to generate excessive demand for public <br />services at public cost. This criterion is met. <br />(6) The proposed use is compatible with the surrounding area as the area is used <br />both presently and as it is planned to be used in the future. The retaining <br />wall as constructed is expected to have no detrimental effects on adjoining <br />or nearby properties, and is compatible in visual and functional aspects <br />with the surrounding properties. <br />Page 3 of 7 <br />