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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 tlie above findings, the Orono City Council hereby <br />grants a variance to Orono Municipal 2U)ning Code Section 78-282 to allow hardcover <br />within the 0-75 ’ setback zone consisting of 4.5%, and a conditional use permit for the <br />construction of a new granite stair system, regarding of the slope and installation of low- <br />glacial boulder walls subject to the following conditions: <br />1. Council approval is based on the site plans submitted by the applicant and <br />annotated by City staff, attached to this Resolution as Exhibits A and B. Any <br />amendments to the site plans which are 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 409 s.f. or 4.6% per the <br />proposed plan and hardcover allowance summary as depicted on Exhibit A. <br />Applicant is ad* 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. Authorities granted by this resolution run with the property not with the applicant, <br />but are permissive only and must be exercised by obtaining a building permit for <br />the new construction within one year of the date of Council approval, or the <br />variance will expire on that date (May 9,2006). <br />4. A permit will not be issued for the lake access stair until after the completion of a <br />framing inspection for the new residence. <br />5. 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 misdemeanor. <br />6. The undersigned applicants have read, understand and hereby agree to the terms <br />of this resolution and on behalf of the applicants and the applicants' heirs, <br />successors and assigns, hereby agree to the recording of this resolution in the <br />chain of title of the property. <br />Page 3 of 5