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5. The applicant shall remove 1,162 s.f. of hardcover in the 75-250’ setback zone prior <br />to final inspection. The removals shall include 703 s.f. of gravel located by the <br />driveway, 25 s.f. from the circle portion of the driveway, the brick apron and deck. <br />6. The applicants shall remove 2,004 s.f. of plastic from rockbeds on the property as <br />shown in Exhibit B prior to final inspection. <br />7. Authorities granted by this variance run with the property not with the applicants, but <br />are permissive only and must be exercised by application for a building permit within <br />one year of the date of Council approval, or these variances will expire on that date <br />(April 14,2004). <br />8. Violation of or non-compliance with any of the terms and conditions of this variance <br />shall constitute a violation of the zoning code, shall automatically terminate any <br />authority granted herein, and shall be punishable as a misdemeanor. <br />9. The undersigned applicant has read, understands and hereby agrees to the terms of <br />this resolution and on behalf of himself, his heirs, successors and assigns, hereby <br />agrees to the recording of this resolution in the Chain of Title of the property. <br />Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the <br />I4th day of April, 2003. <br />ATTEST: <br />Linda S. Vee, City Clerk Barbara A. Peterson, Mayor <br />Property Owner (s) <br />Page 4 of 8