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T <br />q)plicants; and would be in keeping with the spirit and intent of the <br />Zoning Code and Comprehensive 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 conditional use permit and variance per Orono Municipal Zoning Code Sections <br />78-644 (8) and 78-646 (E) to allow parts of the upper level of the existing building and <br />addition currently under construction to be used as office not accessory to the approved <br />coffee shop/iestaurant, and for access to this upper level office through a 2*” story <br />exterior rod iron staircase to be located on the north side of the lot at a setback of 21.5 ’ <br />where a 35 ’ setback is normally required, 24 ’ was previously approved and 15 ’ existed <br />prior to the coffee shop use, subject to the following conditions: <br />1. Council approval 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 which are not in conformity with City codes will <br />require further Planning Commission and City Council review. <br />2. Hardcover in the 500 ’-1,000 ’ zone shall not increase above 35% <br />3. Authorities granted by this resolution 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 approval, <br />or the variance and conditional use permit will expire on that date (June 27, <br />2006). <br />4. 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 />5. The undersigned applicants have read, understand and hereby agree to the terms <br />of this resolution and on behalf of the applicants and die applicants ’ heirs, <br />successors and assigns, hereby agrees to the recording of this resolution in the <br />chain of title of the property. <br />Page 3 of 5