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3. The applicants must notify the neighbor to the west prier to the <br />excavation of the west bank for the purpose of viewing the proposed <br />retaining wall construction. <br />4. Prior to the issuance of a ouilding permit by the City of Orono, <br />the City must be in receipt of a letter from the Hennepin County <br />Department of Transportation approving the continued use of the turn- <br />around within the County right-of-way and existing fence being allowed <br />to remain. <br />5. 'lhe applicant shall not place any plantings within the County <br />right-of-way and special care shall ue given to plantings within the <br />street yard that may create view or sighting problerrs along the <br />roadway. Such plantings should not exceed a height of 3'. <br />6. Authorities granted with this resolution run with the property not <br />with the applicants, but <<i:e permissive only and must be exercised by <br />application for a building permit within one year of the date of <br />Council approval, or these variances will exp re on that date (August <br />22, 1989). <br />7. violation of or non-comlliancP with any of the terms and <br />conditions of this resolution shall stitute a violation of the <br />zoning code, shall automatically to nate any authority granted <br />herein, and shall be punishable as a misdemeanor. <br />8. The undersigned applicants have read, understood and hereby agree <br />to the terms of this resolution and on behalf of thi.mselves, their <br />heirs, successors and assigns, hereby agree to the recording of this <br />resolution in the chain of title of the property. <br />Adopted by the Orono City Council on this 22nd day of August, <br />1988. <br />ATTEST: <br />Dorothy M. Hallin, City Clerk <br />Property Owner(s) <br />James R. Grabek, Mayor <br />Page 3 of 4 <br />