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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. b788 retaining walls within the 75 -foot lake setback is reasonable and necessary to preserve the property rights of the owner and supported by the vulnerable lake yard slope on the property. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting the lake yard setback variance allowing the retaining walls within the 75 -foot lake setback will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The applicant has demonstrated practical difficulties which support granting the lake yard setback variance to permit the construction of the tiered retaining walls and in-kind replacement of the stairs within 75 feet of the OHWL. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of retaining walls in the 75 feet lake yard setback, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated September 5th, 2017 and landscape plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for retaining walls and commencing construction of said project. An inspection must be completed within one year of the date of Council approval, or the variance will expire on that date September 11, 2018. 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein.