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� O� <br /> • � � . <br /> ��b. - , CITY of ORONO <br /> � �ti � - -. <br /> � •G'� RESOLUTION OF THE CITY COUNCIL <br /> � ��kESH�4ti�' N0. �,� . . <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby <br /> grants an after-the-fact conditional use permit for a boulder retaining wall and associated grading <br /> of the property within 75 feet of the lakeshore, and after-the-fact variances to Municipal Zoning <br /> ' Code Section 10.22, Subdivision 2; 10.55, Subdivision 8; and 10.56, Subdivision 16(n to permit <br /> structure and grading within 75 feet of the lakeshore, and Sections 10.22, Subdivision 2; 10.55, <br /> Subdivision 8; and 10.56, Subdivision 16(L) to permit hardcover within 75 feet of the lakeshore <br /> where no hardcover is normally allowed, subject to the following conditions: � <br /> 1. The only retaining walls and hardcover approved by this resolution are those shown <br /> on the Certificate of Survey attached hereto as Exhibit A. <br /> 2. Shrubs or some other form of natural vegetation, not less than two feet in height, <br /> are required to be planted and maintained permanently between the retaining wall <br /> and the shoreline. Such shrubs shall be spaced six feet apart along the portion of <br /> • the retaining wall located northwesterly from the access path(see Exhibit A). The <br /> property owner is permitted to trim shrubs to a height matching the height of the <br /> retaining wall. A landscaping plan shall be submitted by the properry owner and <br /> approved by City Staff prior to such plantings. <br /> 3. The property owner shall obtain the appropriate building and land alteration <br /> permits for the boulder wall. <br /> 4. It is the position of the Ciry Council that the boulder retaining wall and the old <br /> foundation walls, as shown on Exhibit A, totaling 433 square feet of hardcover, are <br /> the only hardcover that shall be pemutted within the 75 foot lakeshore setback. <br /> Any future requests for additional hardcover will not be looked upon favorably. <br /> 5. Authorities granted by this variance and conditional use permit run with the <br /> property not with the applicants, but are permissive only and must be exercised by <br /> application for the appropriate after-the-fact permit within one year of the date of <br /> Council approval, or this variance will expire on that date (April 10, 2001). <br /> . Page 5 of 7 <br />