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. o,�,. � <br /> � <br /> 0 0 <br /> � CITY of ORONO <br /> ,� , � <br /> ti <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> ��`�k'ESII04�G NO. � � � i <br /> property right of the Owners; and would be in keeping with the spirit and <br /> intent of the Zoning Code and Comprehensive Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon the above findings, the Orono City Council hereby grants a conditional <br /> use permit to allow removal of the existing retaining walls on the property and construction of <br /> new walls within the 0 to 75 foot shoreland zone, as well as a variance to Orono Municipal <br /> Zoning Code Section 78-1288 for the hardcover associated with the walls, subject to the <br /> following conditions: <br /> 1. Council approval is based on the site and wall plans submitted by the owners and <br /> annotated by City staff, attached to this Resolution as Exhibits A and B. Any changes <br /> to these plans may require further Planning Commission and City Council review. <br /> 2. The terraces between the walls shall be planted with native plant material that will <br /> obscure the walls,with the planting plan being approved by the Planning Director. <br /> 3. Hardcover associated with these retaining walls shall be limited to 682 square feet <br /> (2.07%). Owners are advised that any future requests to increase hardcover or <br /> change the nature of existing/approved hardcover shall require City approval, and <br /> increases in hardcover will not likely be approved without concurrent reduction in <br /> existing hardcover. <br /> 4. Authorities granted by this resolution run with the property not with the Owners, but <br /> are permissive only and must be exercised by obtaining a building permit for the new <br /> retaining walls before February 26, 2008 or the variance will expire on that date. <br /> 5. Violation of or non-compliance with any of the terms and conditions of this resolution <br /> shall constitute a violation of the zoning code, shall automatically terminate any <br /> authority granted herein, and sha11 be punishable as a misdemeanor. <br /> 6. The undersigned Owners have read, understand, and hereby agree to the terms of this <br /> resolution and on behalf of the owners and the owners' heirs, successors and assigns, <br /> hereby agree to the recording of this resolution in the chain of title of the property. <br /> , Page 3 of 5 <br />