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Municipal Zoning Code Section 78-1250 to allow grading within the 0-75' setback zone, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the site plan which are not in confqrmity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increa~eabQve 12.5% or 1,555 s.f. per the construction plan and survey as depicted on Exhibits A& B. Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicant must submit a CQm:plete after-the-fact building permit/land alteration permit on or before June 30, 2010; ~, ' i< 4. An engineer's opinion of the c011structio11 of all walls 4-feet and above as well as a revised planting plan, outlining additional :Q-ative vegetative screening for the retaining walls, are required to be submitted with the building permit application. 5. Due to the fact that there were no retaining wall plans prior to construction and the (,::ity had no opportunity to review ili~ walls during the construction, the City assumesn.pliability regarding the integrity.of the walls as constructed. ~': { j\uthorities 0 grtted by this resolution run with the property not with the ·. <~pplicants, but are\.p~rmissive only and must be exercised by obtaining a building pehllltfor the new ~onstruction within one year of the date of Council approval, or tli~yariance and conditional use permit will expire on that date (June 14, 2005). , ,, ~r,:f:'::\ 7. Violation o{~i,-!l~h:.compliance with any of the terms and conditions of this resolution shall \bonstitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors Page 3 of 4