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O O CITY of ORONO +-� RESOLUTION OF THE CITY COUNCIL NO. 6 1 1 8 �kESH0 granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Applicants, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants the following variances to Orono Code Section 78-305(b) to construct a replacement residence on a lot with an area of 0.63 acres and a defined width of 0 feet when 2.0 acres and 200 feet of width are required; to Orono Code Section 78-305(b) to construct a replacement residence on the Property with a side setback of five feet when a 30 foot setback is required; to Orono Code Section 78- 1279 to construct a replacement residence on the Property with a lake setback of 10 feet when a 75 foot setback is required; to Orono Code Section 78-1288 to construct a replacement residence on the Property with 8,518 square feet or 32.2% hardcover in the 0 to 75 foot zone when no hardcover is allowed, subject to the conditions listed below. Further, the Orono City Council grants a conditional use permit for land alteration to perform more than 10 cubic yards of earth movement within the 0 to 75 foot zone in order to rearrange the floodplain on the Property, subject to the following conditions: 1. Council approval is based on the survey, site grading, landscape and house plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A, B, C & D. Any amendments to these plans may require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall be limited to 8,518 square feet or 32.2% per the proposed survey/site plan and hardcover allowance summary as depicted on Exhibit A. The Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. A lakeshore buffer shall be established and maintained in the areas shown on Exhibit C; all landscaping shall be planted and maintained per the planting plan attached to this Resolution as Exhibit C as annotated by Staff. 4. Applicants shall not place any plastic or fabric liner material under any landscaping on the property to ensure their permeability as non-hardcover surfaces. Page 4 of 6