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� O � <br /> O � o <br /> '$ � - C ITY of ORONO <br /> ���� <br /> � �� ,��. �, <br /> �' ���'' �' RESOLUTION OF THE CITY COUNCIL <br /> ���� ��� ,� � . <br /> �kESYi�4 NO. _ � � � <br /> CONCLUSIONS, ORDER AND CO�'DITIONS <br /> Based upon the above findings, the Orono City Council hereby grants variances to Orono <br /> Municipal Zoning Code Sections 78-571 and 78-566(13) to allow construction of a retaining <br /> wall subject to the following conditions: <br /> 1. Council approval is based on the site plan submitted by the Owners and <br /> amlotated by City staff, attached to this Resolution as Exhibit A. Any <br /> amendments to these plans may require further Planning Commission and City <br /> Council review. <br /> 2. Hardcover in the 0-75' zone shall be limited to 1,132 s.f. or 5.60% per the <br /> proposed site plan and hardcover allowance summary as depicted on the site <br /> plan. This amount shall be subtracted from the hardcover allow�ance for the 7�- <br /> 250 foot zone. The owners are advised that any future requests to increase <br /> hardcover or change the nature of existin�/approved hardcover shall require <br /> City approval, and increases in hardcover will not likely be appr-oved v��ithout <br /> concurrent reduction in existing hardcover. <br /> 3. Authorities granted by this resolution run with the Property not with the <br /> owners, but are pernzissive only and must be exercised by obtaining a buildin� <br /> permit for the wall before November 13, 2008 or the ��ariance will expire on <br /> that date. <br /> 4. Violation of or non-compliance with any of the teims and conditions of this <br /> resolution shall constitute a violation of the zoning code, shall automatically <br /> tern�inate any authority granted herein, and shall be punishable as a <br /> misdemeanor. <br /> 5. The undersigned Owners have read, understand and hereby agree to the tenns <br /> of this resolution and on behalf of their heirs, successors and assigns, hereby <br /> agree to the recording of this resolution in the chain of title of the property. <br /> Adopted by the Orono City Counci] on this 13th day of November, 2007. <br /> Page 3 of 4 <br />