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. • <br /> � O� <br /> � O � O <br /> - g CITY of ORONO <br /> � � <br /> ., . � <br /> �',� G'�' . RESOLUTION OF THE CITY COUNCIL � <br /> �`�kEsH.o4`� No. 513 � <br /> property; would not merely serve as a convenience to the applicants, but is <br /> necessary to alleviate a demonstrable hardship or difficulty; is necessary to <br /> preserve a substantial property right of the applicants; and would be in <br /> keeping with the spirit and intent of the Zoning Code and Comprehensive <br /> Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby <br /> grants a variance to Orono Municipal Zoning Code Section 78-282 to allow hardcover <br /> within the 0-75' setback zone consisting of 4.2%, and a conditional use permit for the <br /> construction of a new granite stair system,regrading of the slope and iristallation of low- <br /> glacial boulder walls subject to the following conditions: <br /> 1. Council approval is based on the site plans submitted by the applicants and <br /> • annotated by City staff, attached to this Resolution as Exhibit A and B. Any <br /> amendments to the site plans which are not in conformity with City codes will <br /> require further Planning Commission and City Council review. <br /> 2. Hardcover in the 0-75' zone shall not increase above the 4.2% per the proposed <br /> plan and hardcover allowance summary�as depicted on Exhibit A. Applicants are <br /> advised that any future requests to increase hardcover or change the nature of . <br /> existing/approved hardcover shall require CiTy approval, and increases in <br /> hardcover will not likely be approved without concurrent reduction in existing <br /> hardcover. <br /> 3. Authorities granted by this resolution run with the property not with the <br /> applicants, but are permissive only and must be exercised by obtaining a building <br /> permit for the new construction within one year of the date of Council approval, <br /> or the variance will expire on that date (March 22,2005). <br /> 4. 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 /> 5. The undersigned applicants have read, understood and hereby agree to the terms <br /> of this resolution and on behalf of the applicants and the applicants' heirs, <br /> • successors and assigns, hereby agree to the recording of this resolution in the <br /> chain of title of the property. <br /> Page 3 of 5 <br />