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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 5 4 8 3 <br />property right of the owners; and would be in keeping with the spirit and intent <br />of the Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby grants <br />variances to Orono Municipal Zoning Code Sections 78-350 and 78-1288 to allow <br />replacement of the fourth set of lake access steps on the property, subject to the following <br />conditions: <br />1. Council approval is based on the site plan submitted by the owners and annotated by <br />City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan <br />which are not in conformity with City codes will require further Planning Commission <br />and City Council review. <br />2. Hardcover associated with these stairs shall be limited to 167 square feet. Owners <br />are advised that any future requests to increase hardcover or change the nature of <br />existing/approved hardcover shall require City approval, and increases in hardcover <br />will not likely be approved without concurrent reduction in existing hardcover. <br />3. Once the existing steps have been removed the variances granted in Zoning File # 94- <br />1867 for the steps and in Zoning File # 95 -1992 for an asphalt path to these steps shall <br />tenninate. <br />4. Authorities granted by this resolution run with the property not with the owners, but <br />are permissive only and must be exercised by obtaining a building permit for the new <br />construction within one year of the date of Council approval, or the variance will <br />expire on that date (June 26, 2007). <br />5. Violation of or non-compliance with any of the terms and conditions of this resolution <br />shall constitute a violation of the zoning code, shall automatically terminate any <br />authority granted herein, and shall be punishable as a misdemeanor. <br />6. The undersigned owners have read, understand and hereby agree to the terms of this <br />resolution and on behalf of the owners and the owners' heirs, successors and assigns, <br />hereby agree to the recording of this resolution in the chain of title of the property. <br />Page 3 of 5