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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 6 7 6 Z <br />construction vehicle access from Long Lake Boulevard. Total fill in this area is estimated <br />at another 500 cubic yards, and will range up to approximately 2' deep where it replaces <br />the retaining walls. <br />A10. The proposed slopes at 2.5:1 or 3:1 are at the limit of what is maintainable as yard area. <br />Applicant has indicated that permanent ground cover in these sloped areas will be a low - <br />growth fescue which is anticipated to provide good soil stability. While grading and filling <br />in a bluff area is generally prohibited, the proposed replacement of the existing structures <br />substantially in kind with only minor revisions to allow for greater safety would appear to <br />be reasonable and have no additional impacts on the bluff if appropriate erosion control <br />and permanent vegetation measures are implemented. <br />A11. Construction of the proposed retaining walls in excess of 4 feet in height will require <br />engineering. A stairway adjacent to the easterly pool wall is propose, to replace the <br />existing freestanding step system located further east of the existing retaining walls and <br />the existing stair system extending from the westerly decks. <br />Al2. In considering this application for variances, the Council has considered the advice and <br />recommendation of the Planning Commission and the effect of the proposed variances <br />upon the health, safety and welfare of the community, existing and anticipated traffic <br />conditions, light and air, danger of fire, risk to the public safety, and the effect on values <br />of property in the surrounding area. <br />VARIANCE ANALYSIS: <br />B1. The variance is in harmony with the general intent and purpose of the Ordinance. Single <br />family residences are a permitted use within the LR -1A zoning district. <br />B2. The variance is consistent with the comprehensive plan. The residential principal <br />structure and associated amenities are residential uses which are consistent with <br />the comprehensive plan guiding of this and surrounding properties for residential <br />use. <br />B3. The applicant establishes that there are practical difficulties. <br />a. The property owner proposes to use the property in a reasonable manner not <br />permitted by the official controls; The property owner is proposing to use the <br />property in a reasonable manner but the configuration and location of the <br />existing amenities is such that their reconstruction and replacement do not <br />meet the standards of the Zoning Code. <br />b. There are circumstances unique to the property not created by the landowner. The <br />extremely lengthy lake setback of the adjacent home to the immediate west <br />establishes a setback line that makes the existing and proposed amenities <br />nonconforming; and <br />c. The variance will not alter the essential character of the locality. Because the <br />proposed encroachments of the average setback line are essentially <br />