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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6851 4kESHo-%. lakeyard 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 lakeyard 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 retaining walls in the 75-foot lakeyard, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the Landscape Construction plan dated February 21, 2018 submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A. 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 permit for the new construction and commencing construction of said project. A permit must be issued within one year of the date of Council approval, or the variance will expire on that date(April 9, 2019). 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. ADOPTED by the Orono City Council on this 9 day of April, 2018. ATTEST: CITY OF ORONO: 4