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property; would not merely serve as a convenience to the applicant, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicant; and would be in <br />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 hereoy <br />grants a variance to Orono Municipal Zoning Code Section 78*282 to allow hardcover <br />within the 0-75 ’ setback zone consisting of 4.2%, and a conditional use permit for the <br />construction of a new granite stair system, regarding of the slope and installatiou 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 Exhibit A and B. Any <br />amendments to the site plans which ai'e not in conformity with City codes will <br />require further Planning Conunission and City Council review. <br />2. Hardcover in the 0-75’ zone shall not increase above the 4.2% per the proposed <br />plan and hard< over allowance sununary as depicted on Exhibit 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. 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 (March 22,2005). <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 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 resolution in the chain of title <br />of the property. <br />Page 3 of 5