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i; <br />CONCLUSIONS, ORDKR AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants a variance to Orono Municipal Zoning Code Section 78-330 Subdivision U, <br />Section 78-1288 Subdivisions A and B, and Section 78-1403 to allow the reconstruction <br />and reorientation of the existing lake side deck, subject to the following conditions; <br />1. Council approval is based on the site plan submitted by the applicants and <br />annotated by City staff, attached to this Resolution as lixhibit A. Any <br />amendments to the site plan which arc not in conformity with City codes will <br />require further Planning Commission and City Council review. <br />2. Hardcover in the 0-75’ zone shall not increase above the level of 5.83% or 412 <br />s.f.. Hardcover in the 75-250 ’ zone shall be limited to 4,708 s.f. or 54.68% per <br />the propo.sed plan and hardcover allowance summary as depicted on F.xhibit A. <br />Applicants arc advised that any future requests to increase hardcover or change <br />the nature of exi.sting/approved hardcover shall require City approval, and <br />increases in hardcover will not likely be approved without concurrent reduction in <br />existing hardcover. <br />3. Applicants shall remove all plastic or fabric liner material from the deeonitive <br />landscape beds on the property to ensure their permeability as non-hardcover <br />surfaces. <br />4. Re(|uired removals of structure and hardcover .shall be completed by the footing <br />inspection. <br />5. Authorities granted by this re.solution run with the property not with the <br />applicants, but are permissive only and must be exercised by obtaining a building <br />permit for the new construction within one year of the date of Council appn)val, <br />or the variance will expire on that date (January 10, 2006). <br />6. Violation of or non-compliance with any of the tenns and conditions of this <br />re.solution .shall con.stitute a violation of the zoning cmlc, shall automatically <br />terminate any authority granted herein, and shall be punishable os a mi.sdcineanor. <br />Page 3 of5