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� ��' CITY of ORONO <br /> �-���.� � � <br /> �,,.,�_� ,� RESOLUTION OF THE CITY COUNCIL <br /> � 1 �� . <br /> �, ��., `;� � NO. <br /> , ,y <br /> ��9�E o¢�G <br /> SS <br /> 6. The applicant or his employee under his direct control did remove twelve trees <br /> with a diameter greater than 6" located within 75' of the shoreline without first <br /> applying for or obtaining a permit from the Ciry. <br /> 7. The applicant or his employee under his direct control did intensive vegetation <br /> clearing within 75' of the shoreline on the property by removing approximately <br /> forty-eight trees of diameter 2" to 6" and dozens of trees with a diameter of 0" <br /> to 2 , removing virtually all woody vegetation in the 0-75' zone except for three <br /> „ <br /> 24" to 30" hardwoods near the north boundary of the property. The Council <br /> fmds that this activity meets the definition of intensive vegetation clearing. <br /> 8. The applicant upon notification of the violation indicated a knowledge of the code <br /> prohibitions on tree cutting, and at the Planning Commission public hearing <br /> indicated that while his intent was to gain additional views of the lake from the <br /> existing residence, it was not his intent to have the employee remove trees within <br /> the 0-75' zone. He stated that the employee did not follow his instructions, but <br /> that the applicant is ultimately responsible for the employee's actions. <br /> 9. The Council fmds that no acceptable hardship has been presented by the applicant <br /> nor has any justification been presented that would support after-the-fact variance <br /> approvaL <br /> 10. The Council finds that the intensive vegetation clearing that occurred is clearing <br /> in excess of that "limited clearing of shrubs and trees and cutting, pruning and <br /> trimming of trees which might be allowed by code if screening is not <br /> substantially reduced. The Council finds that screening has been substantially <br /> reduced, to the detriment of the neighborhood and the users of the lake. <br /> 11. The Council finds that the intensive vegetation clearing and tree removal in the <br /> 0-75' zone, if approved after-the-fact, would result in the alteration of the <br /> essential character of the neighborhood; that the plight of the applicant is created <br /> totally by the applicant and not by circumstances unique to the property nor out <br /> of applicant's control; that granting of the proposed variance would appear to <br /> serve as a convenience to the applicant and the applicant has demonstrated no <br /> reasonable hardship or practical difficulty; that the conditions and Zoning Code <br /> requirements imposed on this property apply to all other properties in the <br /> Page 3 of 5 <br /> r.eson ar�a�w� <br /> � <br />