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(■ <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the <br />Orono City Council hereby grants after-the-fact variances to <br />Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to <br />permit the construction of a 398 s.f. deck plus a 4' wide stair­ <br />way, such deck and stairway constituting hardcover in the 75-250' <br />zone in excess of the 25% normally allowed, and such deck <br />encroaching 10' past the defined average lakeshore setback line <br />where no encroachment is normally allowed, subject to the <br />following conditions: <br />1. Applicants shall remove all portions of the currently <br />existing deck which are located less than 10' from the side <br />lot line, such removal to occur no later than June 1, 1991. <br />2. Applicants shall remove 664 square feet of crushed <br />rock/plastic hardco/er area between the house and the road <br />and replace this area with sod, such removal and sodding to <br />occur no later than June 1, 1991. <br />3. Applicants are advised that hardcover on the property in <br />the 0-75* and 75-250' zones may not exceed the amounts and <br />percentages as shown on the survey and table attached as <br />Exhibit A. In the 75-250' zone, final hardcover shall not <br />exceed 49.9%. Any future proposals to increase hardcover on <br />the property in the 0-75' and 75-250' zones will not be <br />allowed, but might be approved only in conjunction with <br />concurrent removals of existing hardcover, yielding no net <br />hardcover increase. <br />4. Applicants shall pay to the City an after-the-fact <br />investigation fee in the amount of $175.00 as provided in <br />City Council Resolution #1306. <br />5. Applicants shall obtain an after-the-fact building <br />permit for the portions of deck and stairway to remain, and <br />furtherncore phall bring such remaining deck into compliance <br />with all building code requirements as may be required by <br />the Orono Building Inspector. <br />6. Authorities granted by this resolution run with the <br />property not with the applicants, but are permissive only <br />and must be exercised by application for a building permit <br />within one year of the date of Council approval, or this <br />variance will expire on that date (November 13, 1991). <br />Page 3 of 5