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2. Hardcover in the 0-75’ zone shall not increase above the level of 0%. Hardcover <br />in the 75-250’ zone shall be limited to 2,312.9 s.f or 42.4% per the annotated site <br />plan and hardcover allowance summary as depicted on Exhib ’t A. Applicant is <br />advised that any future requests to increase hardcover or change the nature of <br />existing/approved hardcover shall require City approval, and increases in <br />hardcover will not likely be approved without concurrent reduction in existing <br />hardcover. <br />3. 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 />4. Applicjint shall apply for a building permit for the new deck, and shall revise the <br />deck to a dimension no greater than 5’ deep by 12’ wide, plus one step not to <br />exceed four (4) square feet in area. <br />5. Required removals of structure and hardcover shall be completed within 30 days <br />of the date of this resolution. <br />6. Authorities granted by this resolution run with the property not with die 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 (April 12,2005). <br />7. 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 />8. The undersigned applicant has read, understood and hereby agrees to the terms of <br />this resolution and on behalf of the applicant and the applicant’s heirs, successors <br />and assigns, hereby agrees to the recording of this lesolution in the chain of title <br />of the property. <br />Adopted by the Orono City Council on the 12'*’ day of April, 2004. <br />Page 3 of S <br />•■f