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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 676 C1. The proposed use is consistent with the Community Management Plan (CMP). The proposed use is accessory residential in nature and such use is consistent with the CMP guiding for this residential neighborhood. C2. The proposed use is compliant with the zoning code, including any conditions imposed on specific uses as required by Article V, Division 3 of the City Code. Construction of retaining walls and site regrading to the extent proposed requires a conditional use permit per Article V, Division 3, hence this application. C3. Adequately served by police, fire, roads, and stormwater management. The proposed use will be adequately served by existing services and facilities. C4. Provided with an adequate water supply and sewage disposal system. This criteria is not applicable to this situation. C5. Not expected to generate excessive demand for public services at public cost. This criterion is met C6. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future. The retaining walls and grading as proposed are expected to have no detrimental effects on adjoining or nearby properties, and are compatible in visual and functional aspects with the surrounding properties. C7. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan. The proposed walls and grading are residential in nature and are consistent with similar features in the surrounding /akeshore neighborhood. C8. Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan. The walls and grading are residential in nature and will be consistent with similar features in the surrounding /akeshore neighborhood. C9. Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses. The proposed walls and grading are expected to have no detrimental impacts to the neighborhood and are not expected to affect property values. C10. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses. The location, orientation and design of the walls and grading plan are such that no screening or buffering will be required. The Applicant proposes to plant additional trees lakeward of the construction which will soften the visual impact of the improvements as viewed from the lake. C11. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means. The walls and grading plan are not expected to cause any of these undesirable impacts. The construction process will be subject to City requirements for keeping roads free from dirt, mud and debris.