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Based upon the above findings, the Orono City Council hereby grants variances to Orono <br />Municipal Zoning Code Sections 78-571 and 78-566(13) to allow construction of a retaining <br />wall subject to the following conditions: <br />1. Council approval is based on the site plan submitted by the Owners and <br />annotated by City staff, attached to this Resolution as Exhibit A. Any <br />amendments to these plans may require further Planning Commission and City <br />Council review. <br />2. Hardcover in the 0-75' zone shall be limited to 1,132 s.f. or 5.60% per the <br />proposed site plan and hardcover allowance summary as depicted on the site <br />plan. This amount shall be subtracted from the hardcover allowance for the 75- <br />250 foot zone. The owners are advised that any future requests to increase <br />hardcover or change the nature of existing/approved hardcover shall require <br />City approval, and increases in hardcover will not likely be approved without <br />concurrent reduction in existing hardcover. <br />3. Authorities granted by this resolution run with the Property not with the <br />owners, but are permissive only and must be exercised by obtaining a building <br />permit for the wall before November 13, 2008 or the variance will expire on <br />that date. <br />4. Violation of or non-compliance with any of the terms and conditions of this <br />resolution shall constitute a violation of the zoning code, shall automatically <br />terminate any authority granted herein, and shall be punishable as a <br />misdemeanor. <br />5. The undersigned Owners have read, understand and hereby agree to the terms <br />of this resolution and on behalf of their heirs, successors and assigns, hereby <br />agree to the recording of this resolution in the chain of title of the property. <br />Adopted by the Orono City Council on this 13th day of November, 2007. <br />ATTEST: <br />Page 3 of 4