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CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby grants <br />a variance to Orono Municipal Zoning Code Sections 78-281 (b) and 78-1279.6 to allow construction <br />of a residence addition encroaching 6' into the average lakeshore setback where no encroachment <br />is normally allowed, subject to the following conditions: <br />1 . Council tqiproval is based on the site plan submitted by the applicant and annotated by Cit>’ <br />staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are <br />not in conformity with City codes will require further Planning Commission and City Council <br />review. <br />2. Hardcover removals as noted on Exhibit A shall be completed prior to the footing inspection <br />for the deck room enclosure. Hardcover in the 75-250' zone shall not henceforth exceed <br />4,910 s.f. as indicated on Exhibit A. Applicants are advised that any future proposals for <br />additional hardcover on the property will likely not be approved, but might be approved only <br />in conjunction with concurrent hardcover removals to result in no net hardcover increase on <br />the property. <br />3. Authorities granted by this resolution run with the property not with the applicant, but are <br />permissive only and must be exercised by obtaining a building permit for the ne%v <br />construction within one year of the date of Council approval, or the variance w ill expire on <br />that date (September 22,2004). <br />4. Violation of or non-compliance with any of the terms and conditions of this resolution shall <br />constitute a violation of the zoning code, shall automatically terminate any authority granted <br />herein, and shall be punishable as a misdemeanor. <br />5. The undersigned applicant has read, understood and hereby agrees to the terms of this <br />resolution and on behalf of the sqjplicant and the applicant ’s heirs, successors and assi^, <br />hereby agrees to the recording of this resolution in the chain of title of the property. <br />Page 3 of 5