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ii <br />to the applicants, but is necessary to alleviate a demonstrable hardship or <br />difTiculty; is necessary to preserve a substantial property right of the <br />applicants; and would be in keeping with the spirit and intent of the <br />^ning 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 lot v^dth variance and a conditional use permit for fill in excess of 500 cubic <br />yards per Orono Municipal Zoning Code Sections 78-330 (B), 78-967 (B) (2), 78-1286 <br />(D) (2) to allow construction of a new residence on an existing lot which has 90* in width <br />at the shoreline and 117* in width at the 75* setback where 140* in width at both the <br />shoreline and at the 75* setback is normally required, and to incorporate approximately <br />770 cubic yards of fill into the street side of the property, subject to the following <br />conditions: <br />1. Council ^iproval is based on the site plan and grading plan submitted by the <br />applicants and annotated by City staff, attached to this Resolution as Exhibit A. <br />Any amendments to f e site plan which are not in conformity with City codes will <br />require further Planning Commission and City Council review. <br />2. Proposed hardcover for the 0-75*, 75*-250*, and 250*-500* zones shall remain <br />conforming at 0%, 25%, and 30% respectively. Applicants are advised that any <br />requests to increase hardcover beyond the allowable limits established in City <br />Code Section 78-1288 shall require City approval, and will not likely be <br />approved. <br />3. Applicants by executing this variance approval covenant that all decorative <br />landscape be^ on the property shall not be lined with plastic or fabric liner <br />material to ensure their permeability as non-hardcover surfaces. <br />4. In order to comply with the Plaiming Commission*s stipulation that the amount of <br />fill brought onto the Property be monitored so as to ensure compliance with the <br />approved grading plan, prior to any fill being brought onto the Property, the <br />ai^licants or the applicants* representative shall make arrangements with the <br />City*s Building Official and/or Building Inspector with respect to monitoring and <br />haul routes. <br />Page 3 of 5