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� � o� <br /> o ��, o <br /> ����... CITY of OlaONO <br /> � . � <br /> '...b(�i:... <br /> �� �' � G~' RESOLUTION OF T E CITY COUNCIL <br /> z � � �� �� _� <br /> `qkESYi�g' N O. <br /> 3. The applicant shall conduct mading and filling below 931.5 MSL within the flood <br /> fringe, consisting of constniction of a retaining wall, excavation and mitigation as <br /> depicted on Exhibit B approved by the City Engineer. <br /> 4. The applicant shall coinply with the recommendations of the City En�ineer and the <br /> Miiulehaha Creek Watershed District Rule C pennit # 04-210 regarding floodplain <br /> � filling and mitigation. <br /> 5. Tl�e applicant shall comply with Municipal Zoning Code Section 78-1117, standards <br /> for floodway and flood fi-inge conditional uses. <br /> 6. The applicant shall complete the floodplain restoration project and install all native <br /> floodplain vegetation prior to construction of the boardwallc. <br /> 7. If at any time the native floodplain vegetation becomes a mowed lawn the applicant <br /> must remove the boardwalk in its entirety. <br /> 8. The boardwalk is limited to a 4' in width and 30" or less in height and a 177 s.f. <br /> landing. No railing is allowed. <br /> 9. The chimney heights shall not exceed 40' 8" in height. <br /> 10. Authorities granted by this resolution nin with the property not with the applicant, but <br /> are pern�issive only and must be exercised by oUtaining a building pennit for the new <br /> construction within one year of the date of Council approval, or the variance will expire <br /> on that date (June 14, 2005). <br /> 11. Violation of or non-compliance with any of the ternzs and conditions of this resolution <br /> shall constitute a violation of the zoning code, shall automatically ternzinate any <br /> authority granted herein, and shall be punishable as a misdeineanor. <br /> 12. The undersigned applicant has read, understood and hereby agrees to the terms of this <br /> resolution and on behalf of the applicant and the applicant's heirs, successors and <br /> assigns, hereby agrees to the recording of this resolution in the chain of title of the <br /> property. <br /> Adopted by the Orono City Council on the 14th day of June, 2004. <br /> Page4of6 <br />