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and to expand their current Vi story into a full 2"** stoiy within 5.8' of the property line <br />where 10’ is normally required subject to 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 Planning Commission and City Council review. <br />Hardcover in the 0-75’ zone shall not increase above 7.7% (232 s.f.). Hardcover <br />in the 75-250’ zone shall be limited to 4504.4 s.f. or 59.9% per the proposed plan <br />and hardcover allowance summary 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. Applicant shall remove all plastic or fabric liner material from the decorative <br />landscape beds on the property to ensure their permeability as non-hardcover <br />surfaces. <br />4. The carport structure shall be removed per the approved site plan. Required <br />removals of carport structure and hardcover shall be completed prior to issuance <br />of building permit. <br />5. 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 w ill expire on that date (November 24.2004). <br />6. Violation of or non-compliance w ith 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 />7. 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 />Adopted by the Orono City Council on the 24'" day of November, 2003. <br />Page 3 of 5 <br />illMti I