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.� o�. �A� O , O CITY of ORONO ' �a� .. � _ � RESOLUTION OF THE CITY COUNCIL �� '� G�� No. 6 0 9 2 ��kESHOg'� be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 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 78-967(b)(3) to allow the existing, eastern retaining wall to remain as constructed; and grants variances to Orono Municipal Zoning Code Section 78-1288 to allow hardcover levels to exceed 25% within the 75' to 250' zone and up to 30%within the 250' to 500' zone, subject to the following conditions: 1. Council approval is based on the landscape plan and hardcover calculations submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the landscape plan which are not in conformity with City codes will require further Planning Commission and City Council review. � 2. Hardcover shall not increase above the existing and approved levels as follows: 167 square feet of hardcover within the 0 to 75' zone; 3,600 square feet (29.1%) of hardcover within the 75' to 250' zone; and 3,105 square feet (30%) of hardcover within the 250' to 500' zone in accordance with the plans attached as Exhibit A. 3. Prior to issuance of the administrative land alteration/driveway permit, the Applicants shall submit a revised survey and revised hardcover calculations to the hardcover levels approved with this resolution for review, verification and approval. 4. 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(November 14, 2012). 5. 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