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� o� O , O CITY of ORONO ��s.- �-1 ° ,-{ � RESOLUTION OF THE CITY COUNCIL �'�� F No. 6 ) � �' �kESH�g'� CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a new residence on an existing lot 11,443 square feet (0.26 acre) in area and 51' in width at the OHWL and 47' in width at the 75-foot setback where 43,560 square feet (1.0 acre) in area and 140-feet in width are normally required; and a variance to Section 78-330 to allow a 7.6-foot side street setback from the unimproved alley right-of-way for the garage portion of the home and a 10 foot side street setback for the portion of home and deck located further southward (as depicted on the survey attached as Exhibit A) where a 35-foot setback is normally required in conjunction with the construction of a new home, subject to the following conditions: 1. Council approval is based on the survey, building plans and landscape plan submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to the plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover shall not increase above the allowed level of 2,860 square feet (25%) for this Tier 1 property. 3. The Applicant's building permit survey and plans shall address the City Engineer's comments and recommendations. 4. The home plans submitted are for the purpose of hardcover and setback review. The construction plans and survey submitted for building permit will be reviewed for conformance with Orono's building height and number of stories calculation. 5. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (October 22, 2013). 6. 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. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Page 4 of 5