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I. Council approval is based on the site plan submitted by the applicant and <br />annotated by City staff, attached to this Resolution as Exhibit A. Any <br />amendments to the site plan which are not in conformity with City codes will <br />require further Planning Commission and City Council review. <br />2. A vegetative screen along Wear Circle shall be maintained to avoid future visual <br />impacts as viewed from Wear Circle. <br />3. No access to Wear Circle shall be allowed for the proposed bam. <br />4. The height of the bam shall not exceed 30 ’. <br />S. Authorities granted by this resolution run with the property not with the applicant, <br />but are permissive only and must be exercised by obtaining a building permit for <br />the new construction within one year of the date of Council approval, or the <br />variance and conditional use permit will expire on that date (February 9,200S). <br />6. Violation of or non-compliance with any of the terms and conditions of this <br />resolution shall constitute a violation of the zoning code, shall automatically <br />terminate any authority granted herein, and shall be punishable as a misdemeanor. <br />7. The undersigned applicant has read, understood and hereby agrees to the terms of <br />this resolution and on behalf of the applicant and the applicant’s heirs, successors <br />and assigns, hereby agrees to the recording of this resolution in the chain of title <br />of the property. <br />Adopted by the Orono City Coimcil on the 9* day of February 2004, <br />ATTEST; <br />Linda S. Vee, City Clerk Barbara A, Peterson, Mayor <br />Property Owner(s) <br />Page 3 of S