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2. Applicant shall dedicate a 10 foot drainage and utility easement along the western <br />side property boundary. <br />3. Hardcover in the 75 ’-250' zone shall be limited to 5,132.5 s.f. or 25%. Applicant <br />is advised that any future requests to increase hardcover or change the nature of <br />existing/approved hardcover above 25% shall require City approval, and increases <br />in hardcover will not likely be approved without concurrent reductions in existing <br />hardcover. <br />4. Applicant is advised that plastic or fabric liner material for decorative landscape <br />beds is not allowed on the property. No new plastic or fabric liner material shall <br />be installed to ensure landscape bed permeability as non-hardcover surfaces. <br />5. Applicant is advised that the Cities building height requirement is 30 feet or 2 '/} <br />stories measured from existing grade to the average height of the highest gable as <br />reference in Sections 78-1, 78-330 (a), and 78-1366 and that no variance to the <br />height requirement is granted under this approval. <br />6. Authorities granted by this resolution run with the properly not with the <br />applicants, but are permissive only and must be exercised by obtaining a building <br />permit for the new construction within one year of the date of Council approval, <br />or the variance will expire on that date (July 26, 2005). <br />7. 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 />8.ITie undersigned applicants have read, understand and hereby agree to the terms <br />of this resolution and on behalf cf the applicants and the applicants ’ heirs, <br />successors and assigns, hereby agrees to the recording of this resolution in the <br />chain of title of the property. <br />Page 3 of 6