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CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants an after-the-fact conditional use permit for a boulder retaining wall and associated grading <br />of the property within 75 feet of the lakeshore, and after-the-fact variances to Municipal Zoning <br />Code Section 10.22, Subdivision 2; 10.55, SuNiivision 8; and 10.56, Subdivision 16(J) to permit <br />structure and grading within 75 feet of the lakeshore, and Sections 10.22, Subdivision 2; 10.55, <br />Subdivision 8; and 10.56, Subdivision 16(L) to permit hardcover within 75 feet of the lakeshore <br />where no hardcover is normally allowed, subject to the following conditions: <br />1. <br />2. <br />3. <br />4. <br />5. <br />The only retaining walls and hardcover approved by this resolution are those shown <br />on the Certificate of Survey attached hereto as Exhibit A. <br />Shrubs or some other form of natural vegetation, not less than two feet in height, <br />are required to be planted and maintained permanently between the retaining wall <br />and the shoreline. Such shrubs shall be spaced six feet apart along the portion of <br />the retaining wall located northwesterly from the access path (see Exhibit A). The <br />property owner is permitted to trim shrubs to a height matching the height of the <br />retaining wall. A landscaping plan shall be submitted by the property owner and <br />approved by City Staff prior to such plantings. <br />The property owner shall obtain the appropriate building and land alteration <br />permits for the boulder wall. <br />It is the position of the City Council that the boulder retaining wall and the old <br />foundation walls, as shown on Exhibit A, totaling 433 square feet of hardcover, are <br />the only hardcover that shall be permitted within the 75 foot lakeshore setback. <br />Any future requests for additional hardcover will not be looked upon favorably. <br />Authorities granted by this variance and conditional use permit run with the <br />properly not with the applicants, but are permissive only and must be exercised by <br />application for the appropriate after-the-fact permit within one year of the date of <br />Council approval, or this variance will expire on that date (April 10, 2001). <br />Page 5 of 7 <br />I