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keeping with the spirit and intent of the Zoning Code and Comprehensive <br />Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants a hardcover variance to Orono Municipal Zoning Code Section 78-1288 to allow <br />30% hardcover within the 7S ’-2S0 ’ zone where 2S% is normally allowed and 49.5% <br />currently exists, subject to the following conditions: <br />1. Council qiproval is based on the site plan submitted by the applicant and <br />annotated by City staff, attached to this Resolution as Exhibit A. Any <br />amendments to the site plan t^ch are not in conformity with City codes will <br />require further Planning Commission and City Council review. <br />2. Hardcover in the 75*-250 ’ zone shall be limited to 4,248 s.f. or 30% per the <br />proposed plan and hardcover allowance summary as depicted on Exhibit A. <br />Applicant is advised that any future requests to increase hardcover or change the <br />nature of existing/approved hardcover shall require City approval, and increases <br />in hardcover will not likely be approved without concurrent reduction in existing <br />hardcover. <br />3. The applicant has the option to rebuild rather than remodel in accordance with the <br />plan submitted for review of this variance. <br />4. Applicant shall remove all plastic or fabric liner material from the decorative <br />landscape beds on the property to ensure their permeability as non-hardcover <br />surfaces. <br />5. Required removals of structure and hardcover shall be completed prior to the first <br />required inspection for either a rebuild or an addition/remodel project. <br />6. Authorities granted by this resolution run with the property not with the <br />q>plicants, 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 approval, <br />or the variance will expire on that date (April 25,2006). <br />Page 3 of 6 <br />I ih I fafcl rffiMii itr ■