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� o � o , o $��:e.- CITY of ORONO a �� `� � . ;� �'� " `�'' G'�' RESOIUTION OF THE CITY COUNCIL z ��'�Y -, � _ `9kESH�4 NO. � �. J CONCLL'SIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-571 and 78-566(13) to allow construction of a retaining wall subject to the following conditions: l. Council approval is based on the site plan submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to these plans may require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall be limited to 1,132 s.f. or 5.60% per the proposed site plan and hardcover allowance summary as depicted on the site plan. This amount shall be subtracted from the hardcover allowance for the 75- 250 foot zone. The owners are 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 v��ithout concunent reduction in existing hardcover. 3. Authorities granted by this resolution run with tl�e Property not with the owners, but are pern�issive only and must be exercised by obtaining a building permit for the wall before November 13, 2008 ar the variance will expire on that date. 4. Violation of or non-coinpliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically tern�inate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned Owners have read, understand and hereby agree to the tenns of this resolution and on behalf of tlieir heirs, successors and assigns, l�ereby agree to the recording of this resolution in the chain of title of the pi-operty. Adopted by the Orono City Council on this 13th day of November, 2007. Page 3 of 4