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���p CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> y� G�. No. b 7 8 8 <br /> ��kES H 0�� <br /> retaining walls within the 75-foot lake setback is reasonable and necessary to preserve <br /> the property rights of the owner and supported by the vulnerable lake yard slope on the <br /> property. <br /> 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or <br /> morals, or in any other respect be contrary to the intent of this chapter."Granting the lake <br /> yard setback variance allowing the retaining walls within the 75-foot lake setback will not <br /> adversely impact health, safety, comfort or morals, or in any way be contrary to the <br /> ordinances. <br /> 12. "The granting of such variance will not merely senre as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty."The applicant has demonstrated practical <br /> difficulties which support granting the lake yard setback variance to permit the construction <br /> of the tiered retaining walls and in-kind replacement of the stairs within 75 feet of the <br /> OHWL. <br /> CONCLUSIONS, ORDER AND CONDITIONS: <br /> Based upon one or more of the above findings, the Orono City Council hereby grants a <br /> variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of retaining walls <br /> in the 75 feet lake yard setback, subject to the following conditions: <br /> 1. Council approval is based on the entire record, above Findings. <br /> 2. The approved project shall conform to the sunrey dated September 5th, 2017 and <br /> landscape plans submitted by the Applicants and annotated by City staff, attached to this <br /> Resolution as Exhibits A� B. <br /> 3. Any amendments to the plans which are not in conformity with City codes may require <br /> further Planning Commission and City Council review. <br /> 4. Authorities granted by this resolution run with the Property not with the Applicants, but are <br /> permissive only and must be exercised by obtaining a building permit for retaining walls <br /> and commencing construction of said project. An inspection must be completed within <br /> one year of the date of Council approval, or the variance will expire on that date September <br /> 11, 2018. <br /> 5. Violation of or non-compliance with any of the terms and conditions of this resolution may <br /> result in the termination of any authority granted herein. <br /> 4 <br />