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� O _Y <br /> ' O O <br /> ti <br /> CITY of ORONO <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> SI'i0g�G NO. 5 3 8 4 <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby <br /> grants a rear yard setback variance and 75'-250' zone hardcover variance to Orono <br /> Municipal Zoning Code Sections 78-350 (B) and 78-1288 (B) to allow construction of a <br /> 14' x 38' deck 13.6' from the rear property line where 30' is normally allowed and 13.6' <br /> currently exists and a hardcover variance to permit 26.3% hardcover within the 75'-250' <br /> zone where 25% is normally allowed, 31.7% currently exists, and 28.6% was previously <br /> approved by a 1997 variance resolution, subject to the following conditions: <br /> 1. Council approval is based on the site plan submitted by the applicant and <br /> annotated by City staff, attached to this Resolution as Exhibit A. Any <br /> amendments to the site pian which are not in conformity with City codes will <br /> require further Planning Commission and City Council review. <br /> 2. Hardcover in the 75-250' zone shall be limited to 4,534 s.f. or 26.3% per the <br /> proposed plan and hardcover allowance summary as depicted on Exhibit A. <br /> Applicant is advised that any future requests to increase hardcover or change the <br /> nature of existing/approved hardcover shall require City approval, and increases <br /> in hardcover will not likely be approved without concurrent reduction in existing <br /> hardcover. <br /> 3. Applicant shall remove all plastic or fabric liner material from the decorative <br /> landscape beds on the property to ensure their permeability as non-hardcover <br /> surfaces. <br /> 4. The shed located in the northwest corner of the property must be removed prior to <br /> a footing inspection on the proposed deck. <br /> 5. Authorities granted by this resolution run with the property not with the applicant, <br /> but are permissive only and must be exercised by obtaining a building permit for <br /> the new construction within one year of the date of Council approval, or the <br /> variances will expire on that date (September 26, 2006). <br /> 6. Violation of or non-compliance with any of the terms and conditions of this <br /> resolution shall constitute a violation of the zoning code, shall automatically <br /> terminate any authority granted herein, and shall be punishable as a misdemeanor. <br /> Page 3 of 5 <br />