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o1V. <br />O O CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />G' <br />ti NO. <br />L <br />kESHog' <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby grants a <br />variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a new <br />residence on an existing lot 11,443 square feet (0.26 acre) in area and 51' in width at the OHWL <br />and 47' in width at the 75-foot setback where 43,560 square feet (1.0 acre) in area and 140-feet <br />in width are normally required; and a variance to Section 78-330 to allow a 7.6-foot side street <br />setback from the unimproved alley right-of-way for the garage portion of the home and a 10 foot <br />side street setback for the portion of home and deck located further southward (as depicted on <br />the survey attached as Exhibit A) where a 35-foot setback is normally required in conjunction <br />with the construction of a new home, subject to the following conditions: <br />1. Council approval is based on the survey, building plans and landscape plan submitted <br />by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A <br />and B. Any amendments to the p{ans which are not in conformity with City codes will <br />require further Planning Commission and City Council review. <br />2. Hardcover shall not increase above the allowed level of 2,860 square feet (25%) for this <br />Tier 1 property. <br />3. The Applicant's buifding permit survey and plans shall address the City Engineer's <br />comments and recommendations. <br />4. The home plans submitted are for the purpose of hardcover and setback review. The <br />construction plans and survey submitted for building permit will be reviewed for <br />conformance with Orono's building height and number of stories cafculation. <br />5. Authorities granted by this resolution run with the Property not with the Appficants, but <br />are permissive only and must be exercised by obtaining a buifding permit for the new <br />construction and commencing construction of said project. A framing inspection must be <br />completed within one year of the date of Council approval, or the variance will expire on <br />that date (October 22, 2013). <br />6. 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 authority <br />granted herein, and shall be punishable as a misdemeanor. <br />The undersigned Applicants have read, understand and hereby agree to the terms of this <br />r solution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, <br />hereby agree to the recording of this resolution in the chain of title of the Property. <br />Page 4 of 5