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2. <br />3:4, <br />4:5. <br />5:6. <br />6:7. <br />Applicants arc advised that the only site grading allowed in the 0*75' setback zone <br />is that minimal grading necessary to fill the foundation area of the c.\isting house, and <br />any additional grading necessary to accomplish proper site drainage, subject to <br />approval of the City Engineer. Grading in the 0-75 ’ zone intended to artificially <br />lower the pre-existing elevation to create a walkout situation is specifically not <br />approved. A site grading plan shall be submitted and approved by City staff prior to <br />issuance of the demolition and building permits for the site. <br />Applicants and their agents sh <11 take all feasible and reasonable steps to ensure the <br />continued viability of the 3 mature maple trees identified as contributing to the <br />hardship situation on the property. If one or more of said trees dies or is removed <br />within the first 5 years after redevelopment of the site commences, said trees shall be <br />replaced immediately with the most substantial trees of like character that can feasibly <br />be transplanted in the approximate same locations as the trees lost. <br />Applicants shall obtain the appropriate erosion control permit from the MCWD prior <br />to commencing demolition, site grading or construction on the site. <br />Authorities granted by this resolution run with the property not with the applicant, <br />but are permissive only and must be exercised by obtaining a building permit for the <br />new construction within one year of the date of Council approval, or the variance will <br />expire on that date (April 22,2003). <br />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 />The undersigned applicants have read, understood and hereby agree to the terms of <br />this resolution and on behalf of themselves, their heirs, successors and assigns, <br />hereby agree to the recording of this resolution in the chain of title of the property. <br />Page 5 of 7