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in the 75-250' setback area where 5,989 s.f. or 25.2% exists and <br />denies a conditional use permit for filling of approximately 300 <br />cubic yards of fill subject to the following conditions: <br />1.Prior to the installation of the retaining walls adjacent <br />to approved turnaround, applicants shall apply for an <br />amendment to the original building permit issued for new <br />construction providing a landscape/grading plan locating <br />retaining wall=! and any other information requested by <br />Building Department. <br />2.Authorities granted by this resolution run with the <br />property not with the applicants, but are permissive only <br />and must be exercised by application for an amended <br />building permit within one year of the date of Council <br />approval, or the special conditions of this resolution <br />will expire on that date (February 22, 1994). <br />3.Violation of or non-compliance with any of the terms and <br />conditions of the variance shall constitute a violation <br />of the zoning code, shall automatically terminate any <br />authority granted herein, and shall be punishable as a <br />misdemeanor. <br />3 .The undersigned applicants have read, understood and <br />hereby agree to the terms of this resolution and on <br />behalf of themselves, their heirs, successors and <br />assigns, hereby agree to the recording of this resolution <br />in the chain of title of the property. <br />Adopted by the Orono City Council on this 22nd day of <br />February, 1993. <br />ATTEST; <br />Dorothy M. Hallin, City Clerk Edward J. Callahar Jr., Mayor <br />Property Owner(s) <br />Page 4 of 6