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O O <br /> =.A4 - CITY of ORONO <br /> , il G RESOLUTION OF THE CITY COUNCIL <br /> kES110 NO. <br /> granting the setback variance for the second lakeside pier would merely serve as <br /> a convenience to the Owner and is not necessary to alleviate a demonstrable <br /> hardship or difficulty or to preserve a substantial property right of the Owner. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon the above findings, the Orono City Council hereby grants a conditional use permit <br /> for grading in the 0' to 75' zone and variances to Orono Municipal Zoning Code Sections 78- <br /> 1288 and 78-71(b)(3) to allow 15 square feet of hardcover for a retaining wall in the 0 to 75 <br /> foot zone and to allow replacement of the non-corforming 190 square foot lakeside deck with <br /> a 190 square foot patio at a slightly different location, subject to the following conditions: <br /> 1. Council approval is based on the plans submitted by the Owner and annotated <br /> by City staff, attached to this Resolution as Exhibit A. Any amendments to <br /> these plans may require further Planning Commission and City Council <br /> review. <br /> 2. Authorities granted by this resolution run with the Property not with the owner, <br /> but are permissive only and must be exercised by commencing the project <br /> before September 24, 2008 or the variance will expire on that date. <br /> 3. Violation of or non-compliance with any of the terms and conditions of this <br /> resolution shall constitute a violation of the zoning code, shall automatically <br /> terminate any authority granted herein, and shall be punishable as a <br /> misdemeanor. <br /> 4. The undersigned Owner has read, understood and hereby agrees to the terms of <br /> this resolution and on behalf of his heirs, successors and assigns, hereby agree <br /> to the recording of this resolution in the chain of title of the property. <br /> Based upon the above findings, the Orono City Council hereby denies the setback variance for <br /> the second lakeside pier. <br /> Page 3 of 4 <br />