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40,4,. O O CITY of ORONO Ott✓ RESOLUTION OF THE CITY COUNCIL � �� : ti� NO. 6 .N 3 374, 4 SH04� CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Orono Code Section 78-305(b) to construct a replacement residence on a lot with an area of 0.69 acres and a defined width of 140 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 rear street setback of 33 feet when a 50 foot setback is required; to Orono Code Section 78- 1279 to construct a replacement residence on the Property with a lake setback of 47 feet when a 75 foot setback is required and for an average lakeshore setback variance to permit portions of the proposed home to encroach closer to the lake than the adjacent residence; to Orono Code Section 78-1288 to construct a replacement residence on the Property with 1,243 square feet or 9.7% hardcover in the 0 to 75 foot zone when no hardcover is allowed, and with 4,970 square feet or 33.8% hardcover in the 75 to 250 foot zone where only 3,966 or 25% hardcover is allowed; and to Orono Code Section 78-1438 to allow the new residence to be located 8.4 feet from the existing stone structure where a 10-foot setback is normally required; and for a variance to Orono Code Section 78-1608 to allow a wetland buffer setback of 6 feet where a buffer setback of 20 feet is required. Further, the Orono City Council grants a conditional use permit per Orono Code Sections 78-966, 78-967 and 78- 1286 for land alteration to conduct grading activity within the 0 to 75 foot zone and within the floodplain in conjunction with removal of the existing home and construction of the new home. The above variances and conditional use permit are granted subject to the following conditions: 1. Council approval is based on the survey, site grading, wetland buffer mitigation, floodplain mitigation, landscape and house plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits B, C, D, E, F and G. 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 1,243 square feet or 9.7%, and hardcover in the 75-250' zone (after exclusion of the area of neighbor's driveway easement is excluded from the calculation) shall be limited to 4,970 square feet or 33.8%, per the proposed survey/site plan and hardcover allowance summary as depicted on Exhibits B1 through B3. The Applicant is 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. Page 5 of 7