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3.Retaining walls shall be removed wherever they extend outside the property boundaries, <br />and any walls to remain within 5' of the lot lines shall be reviewed by staff to determine <br />whether they are needed to support steep slopes or whether they are purely aesthetic in nature, <br />and those not necessary to support the topography of the site shall be removed. <br />4. <br />5. <br />All landscape beds lined with fabric or plastic shall have such liner removed. <br />Authorities granted by this variance run with the property not with the applicant, but are <br />permissive only and must be exercised by completion of the removals within one year <br />of the date of Council approval, or this variance will expire on that date (August 11,2004) <br />and the property owner will be considered to be in violation of the terms of this resolution. <br />6.Violation of or non-compliance with any 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 punishable as a misdemeanor. <br />7.The undersigned applicant has read, understood and hereby agrees to the terms of this <br />resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the <br />recording of this resolution in the chain of title of the property. <br />Adopted by the Orono City Council on this 11th day of August, 2003. <br />ATTEST: <br />Linda S. Vee, City Clerk Barbara A. Peterson, Mayor <br />Property Owner(s) <br />Page 4 of6 <br />t i i