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allow a rebuilt detached garage to remain 8.4 feet from the side lot line when 10 feet is <br />normally required and to allow a hardcover level of 32% within the 75 ’-250' zone where <br />25% is normally allow'cd and 34% currently exists, subject to the following conditions: <br />1. Council approval is based on the site plan submitted by the applicant and <br />annotated by City staff, attached to this Resolution as F.xhibit A. Any <br />amendments to the site plan which are not in confonnity with City codes will <br />require furtlier Planning Commission and City Council review. <br />2. Hardcover in the 75-250 ’ zone shall be limited to 12,455 s.f. or 32% per the <br />proposed plan and hardcover allowance summary as depicted on Exhibit A. <br />Applicant is advised that any future requests to increase hardcover or change the <br />nature of existing/approved hardcover shall require City approval, and increases <br />in hardcover will not likely be approved without concurrent reduction in existing <br />hardcover. <br />3. Applicant shall remove all plastic or fabric liner material from the decorative <br />land.scape beds on the property to ensure their permeability as non-hardcover <br />surfaces. <br />4. The applicant shall apply for and receive the appropriate after-the-fact building <br />permit and inspections and complete any changes required to comply with the <br />building code within 60 days of this approval. <br />5. Required removals of hardcover (800 s.f. in the 75 ’-250’ zone) shall be completed <br />by the after-the-fact building permit inspections. <br />6. Authorities granted by this resolution run with the property not with the <br />applicants, but are permissive only and must be exercised by obtaining a building <br />permit for the new construction within 60 days of the date of Council approval, or <br />the variance will expire on that date (November 12, 2004). <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 grunted herein, and shall be punishable as a misdemeanor. <br />8. The undersigned applicants have read, understand and hereby agree to the terms <br />of this resolution and on behalf of the applicants and the applicants ’ heirs. <br />Page 3 of 5