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\`4kESH04/ <br />CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 5: 2 2 � <br />district; that granting the variances would not adversely affect traffic <br />conditions, light, air nor pose a fire hazard or other danger to neighboring <br />property; would not merely serve as a convenience to the applicant, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicant; and would be in <br />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 variance to Orono Municipal Zoning Code Section 78-305 Subdivision B to allow <br />lot width, lot area, lake, creek, rear and side street setback variances, and variances to to <br />Section 78-1288 to allow excess hardcover, 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 Plarming Commission and City Council review. <br />2. Hardcover in the 0-75' zone shall not increase above the level of 21.8% or 720 <br />s.f.. Hardcover in the 75-250' zone shall be limited to 414 s.f. or 47% 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 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. 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 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 />variances will expire on that date (August 23, 2005). <br />Page 3 of 5 <br />