#2538 - variances and CUP - 1988

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� clt� o� oRoNo RESOLUTION OF THE CITY COUNCIL � NO. 2538 • - • • CONCLIISIONS, ORDER AND CONDITZONS Based upon one or more of the above findings , the Orono City Council hereby grants after-the-fact variances to Municipal Code Section 10.22, Subdivision 2 and an after-the-fact conditional use permit per Section 10.03, Subdivision 19 that would allow the existing retaining wall to remain as modified by the Council in addition to approving certain land alterations within the lakeshore protected area, subject to the following conditions : 1. The existing retaining wall to be altered per Option 2 as set forth in the City Engineer's report and sketch enclosed with this resolution as Pages 6 , 7 and 8 . 2. Banks to be restored to 2�:1 slopes within the area of the upper two tiers of the altered retaining walls. Applicant's landscape architect may advise on appropriate ground cover and plantings for this area. Erosion control must be maintained at the time of the commencement cf the restoration until ground cover is restored. 3. Installation of a soils separater blanket and stone rip rap at the base of the lower wall and drain holes installed near the base of each wall as recommended by applicant's landscape architect, James Robin, in his letter to the applicant dated August 31, 1988 . 4. Access stair structure to remain subject to planters being installed along one side so that only a 48" stair width remains. Appropriate plantings to be provided within the planter box areaso Detached lower access stair structure to be re-aligned and permanently attached to lower wall structure. 5. The applicant must complete the entire restoration as set forth above and on Pages 6 , 7 and 8 of this resolution by June 30 , 1989. Applicant shall call for regular inspections by the Orono inspection staff upon the commencement of the restoration. Applicant must apply for a building permit from the City of Orono prior to the required improvements . 6. Violation of or non-compliance with any of the terms and condi- tions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority grantea herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs , successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 8