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f <br />1 <br />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 Sections 78-1288 (B) and 78-1438 to <br />allow hardcover within the 75’-250’ zone to remain at 39.25% where no additional <br />hardcover is proposed and to allow a 4 foot building-to-building setback when 10 feet is <br />normally required, in order to construct a covered entry over the front stoop, subject to <br />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 Plarming Commission and City Council review. <br />Hardcover in the 75’-250’ zone shall not increase above 39.25%. Hardcover in <br />the 75-250’ zone shall be limited to 5,966 s.f. per the proposed plan and <br />hardcover allowance summary as depicted on Exhibit A. Applicant is advised <br />that any future requests to increase hardcover or ch2mge 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 rxm 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 (June 28, 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 applicants have read, understand and hereby agree to the terms <br />of this resolution and on behalf of the applicants and the appl'<*''nts ’ heirs, <br />successors and assigns, hereby agrees to the recording of this resolution iu <br />chain of title of the property. <br />Page 3 of 5