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CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision 6 and <br />78-1288 Subdivision B to allow the reconstruction of an existing deck with screen porch <br />beneath in front of the average lakeshore setback and to allow the hardcover level within <br />the 75 ’-250’ setback up to 30% subject to the following conditions: <br />1.Council approval is based on the site plan submitted by the applicant and <br />aimotated by City staff, attached to this Resolution as Exhibit A. Any <br />amendments to the site plan which are not in confomiity 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 the level of 4.86%. <br />Hardcover in the 75-250’ zone shall be limited to 3,403.5 s.f. or 30% per the <br />proposed plan and hardcover allowance summary as depicted on Exhibit A. <br />Applicant is advised 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. Applicant shall remove all plastic or fabric liner material from the decorative <br />landscape beds on the property to ensure their penneability as non-hardcover <br />surfaces. <br />4. Required removals of structure and hardcover shall be completed by the footing <br />inspection. <br />5.Authorities granted by this resolution run with the property not with the applicant, <br />but arc 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 26,2005). <br />6. 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 />Page 3 of 5