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3. <br />4. <br />5. <br />6. <br />7. <br />Applicant shall provide suitable construction plans, and apply for and obtain a building <br />permit prior to construction of the retaining walls on the north side of the road. Such walls <br />shall not exceed 4 feet in height shall be located within the property boundaries and not <br />within the right-of-way of Fagemess Point Road, and shall be provided with a suitable <br />vegetative screen to soften their visual impact as viewed from the lake. <br />Council approval is based on the site plan with Staff notations attached to this Resolution as <br />Exhibit B. Any amendment to the site plan which are not in conformity with City codes or <br />the scope of this approval shall be subject to further review by the City Council and/or <br />Planning Commission. <br />Authorities granted by this resolution run with the property, not with the applicant but are <br />permissive only and must be exercised by obtaining a building permit for the new <br />construction within one year of the date of coimcil approval, or the variance will expire on <br />that date (July 28,2004). <br />Violation or non-comnliance with an>’ of the terms and conditions of this resolution shall <br />constitute a violation of the zoning code, shall automatically terminate any authority granted <br />herein, and shall be punished as a misdemeanor. <br />The undersigned replicants have read, understood and hereby agree to the terms of this <br />resolution, and on behalf of the applicants and the applicants’ heirs, successors and assigns, <br />hereby agree to the recording of this resolution in the chain of title of the property. <br />Adopced by the Orono City Council on this 28th day of July, 2003. <br />ATTEST: <br />Linda S. Vee, City Clerk Barbara A. Peterson, Mayor <br />Property Owner(s) <br />Page 4 of 6