Laserfiche WebLink
property right of the Owners; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above :findings, the Orono City Council hereby grants a conditional <br />use permit to allow removal of the existing retaining walls on the property and construction of <br />new walls within the Oto 75 foot shoreland zone, as well as a variance to Orono Municipal <br />Zoning Code Section 78-1288 for the hardcover associated with the walls, subject to the <br />following conditions: <br />1. Council approval is based on the site and wall plans submitted by the owners and <br />annotated by City staff, attached to this Resolution as Exhibits A and B. Any changes <br />to these plans may require further Planning Commission and City Council review. <br />2. The terraces between the walls shall be planted with native plant material that will <br />obscure the walls, with the planting plan being approved by the Planning Director. <br />3. Hardcover associated with these retaining walls shall be limited to 682 square feet <br />(2.07%). Owners are advised that any future requests to increase hardcover or <br />change the nature of existing/approved hardcover shall require City approval, and <br />increases in hardcover will not likely be approved without concurrent reduction in <br />existing hardcover. <br />4. Authorities granted by this resolution run with the property not with the Owners, but <br />are permissive only and must be exercised by obtaining a building permit for the new <br />retaining walls before February 26, 2008 or the variance will expire on that date. <br />5. Violation of or non-compliance with any of the terms and conditions of this resolution <br />shall constitute a violation of the zoning code, shall automatically terminate any <br />authority granted herein, and shall be punishable as a misdemeanor. <br />6. The undersigned Owners have read, understand, and hereby agree to the terms of this <br />resolution and on behalf of the owners and the owners' heirs, successors and assigns, <br />hereby agree to the recording of this resolution in the chain of title of the property. <br />Page 3 of 5