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� r-� : <br /> , ' <br /> Subdivision 16(C)(5) to allow retaining walls in the shore setback zone where the�r are norn�lly <br /> prohibited; and a conditional use permit for lakeshore alterations per Section 10.03, Subdivision <br /> 21; and a variance per Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L)(2) to <br /> allow 3,730 s.f. (412%) hardcover in the 75-2�0' zone where 2,261.5 s.f. (25%) normally is <br /> allowed. Approval is subject to the following conditions: <br /> , 1. Shrubs or some other form of natural vegetation, not less than two feet in height, <br /> shall be planted and maintained permanently between the retaining wall and the <br /> shoreline. A landscaping plan shall be submitted by the property owner and <br /> approved by City Staff prior to such plantings. <br /> 2. Council approval is based on the site plan attached to this resolution as E�chibit A <br /> which depicts required hardcover removals and allowed hardcover. Any <br /> amendments to the site plan may require further Planning Commission and City <br /> Council review. <br /> 3. The property owner shall obtain the appropriate building and land alteration <br /> permits for the retaining wall prior to construction. <br /> 4. Applicants are advised that the City will not look favorably on future additions to <br /> hardcover in the 0-75' and 75-2�0' zones. <br /> 5. Authorities granted by these variances and conditional use permit run witl�l the <br /> property not with the applicants, but are permissive only and must be exercised by <br /> application for a building permit�vithin one year of the date of Council approval, <br /> or these variances ��ill expire on that date (October 23, 2001). <br /> 6. Violation of or non-compliance with any of the terms and conditions of these <br /> variances and conditional use permit shall constitute a violation of the zoning <br /> code, shall automatically terminate any authority granted herein, and shall be <br /> punishable as a misdemeanor. <br /> 7. The undersigned applicants have read, understood and hereby agree to the terms <br /> of this resolution and on behalf of themselves, their heirs, successors and assigns, <br /> hereby agree to the recording of this resolution in the Chain of Title of the <br /> property. <br /> Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on <br /> the 23rd day of October, 2000. <br /> Page 4 of 6 <br />