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� o� O � O CITY of ORONO � �� � ,�. . �+ RESOLUTION OF THE CITY COUNCIL �� ; G'�'� NO. � � � '� L�kESHOg'� CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above�ndings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279(6) to allow construction of an in- ground spa ahead of the average lakeshore setback; subject to the following conditions: 1. Council approval is based on the survey submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the approved survey/site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed hardcover levels are conforming to the Tier 1 standards; no hardcover variances are granted. Structural coverage limitations will also be met. 3. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a permit for and commencing construction of said project. A final inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (September 23, 2014). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned Applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of the Applicant and the Applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 23ro day of September, 2013. ATT�EST: �/"� G`e�.�-..,►�'.e-'��j`e-- � �'��`-��-i'l�tk��+-., Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Page 3 of 4