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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 hereby <br />grants a variance to Orono Municipal Zoning Code Section 78-330 (B) to allow <br />construction of a new residence on an existing lot where the lot width is 110 feet at the <br />public right-of-way when 140 feet is normally required, and denies a variance to Section <br />78-1435 for continuation of the non-conforming accessory building, subject to the <br />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 conformity with City codes will <br />require further Planning Commission and City Council review. <br />2. Hardcover in the 75 ’-250 ’ zone shall be limited to 25% and hardcover in the 250 ’- <br />500’ zone shall be limited to 30%. Applicant is advised that futiue requests to <br />increase hardcover above 25% or 30% in the 75 ’-250 ’ or 250 ’-500’ zones <br />respectively shall require a hardcover variance and will not likely be approved. <br />3.The existing accessory building shall be removed or moved to a conforming <br />location upon the first inspection required for the new residence. If the accessory <br />building has not been removed or moved to a conforming location a “stop work <br />order ” will be posted and construction of the new residence cannot continue until <br />this requirement has been met. <br />4. The building permit shall not be issued until the City Inspector has approved the <br />grading and drainage plan for the site. <br />5.Authorities granted by this resolution run with the property not with the <br />applicants, but are permissive only and must be exercised by obtaining a building <br />permit for the new construction within one year of the date of Council approval, <br />or the variance will expire on that date (November 8,2005). <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 6