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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. --~5~9 ...,.1---;2-- <br />Municipal Zoning Code Section 78-1250 to allow grading within the 0-75' setback zone, <br />subject to the following conditions: <br />1. Council approval is based on the site plan submitted by the applicant and <br />annotated by City staff, attached to this Resolution as Exhibits A & B. Any <br />amendments to the site plan which are not in conformity with City codes will <br />require further Planning Commission and City Council review. <br />2. Hardcover in the 0-75' zone shall not increase above 12.5% or 1,555 s.f. per the <br />construction plan and survey as depicted on Exhibits A & B. Applicant is advised <br />that any future requests to increase hardcover or change the nature of <br />existing/approved hardcover shall require City approval, and increases in <br />hardcover will not likely be approved without concurrent reduction in existing <br />hardcover. <br />3. Applicant must submit a complete after-the-fact building permit/land alteration <br />permit on or before June 30, 2010. <br />4. An engineer's opinion of the construction of all walls 4-feet and above as well as <br />a revised planting plan, outlining additional native vegetative screening for the <br />retaining walls, are required to be submitted with the building permit application. <br />5. Due to the fact that there were no retaining wall plans prior to construction and <br />the City had no opportunity to review the walls during the construction, the City <br />assumes no liability regarding the integrity of the walls as constructed. <br />6. Authorities granted by this resolution run with the property not with the applicant, <br />but are permissive only and must be exercised by obtaining a building permit for <br />the new construction within one year of the date of Council approval, or the <br />variance and conditional use permit will expire on that date (February 8, 2011). <br />7. 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 />tenninate any authority granted herein, and shall be punishable as a misdemeanor. <br />8. The undersigned owners have read, understand and hereby agree to the terms of <br />this resolution and on behalf of the owners and the owners' heirs, successors and <br />assigns, hereby agree to the recording of this resolution in the chain of title of the <br />property. <br />Page 3 of 4