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CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 6 4 4 .->- recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings , the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 14 (C) to allow 3,280 s.f. (20.9%) structural lot coverage where 3,416 s.f. (21.8%) exists and 2,352 s.f. (15%) is allowed; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L)(2) to allow 4,501 s.f. (52 .2%) hardcover in the 75-250' setback area where 4,685 s.f. (54.4%) exists and 2 ,152 s.f. (25%) is allowed to permit construction of an attached garage on the street side of the residence . Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. A suitable drainage plan shall be submitted by applicant and approved by City staff prior to issuance of a building permit. All landscape fabric /plastic on the property and decks (as shown on Exhibit A) shall be removed prior to final inspection. Upon completion of the project the hot tub shall be located on the deck adjacent to the pool so as not to constitute a separate item of hardcover. 3. Authorities granted by these variances run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (April 23, 2002). 4. Violation of or non-compliance with any of the terms and conditions of these variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs , successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 6