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CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5639 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1288 to allow 28.5% where 30% currently exists and 25% was previously allowed in order to construct an in -ground pool and patio as well as a conditional use permit to allow grading within the 0-75' zone to construct a rain garden, subject to the following conditions: 1. Council approval is based on the site plan and engineered plans submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 0 s.f. or 0%. Hardcover in the 75-250' zone shall be limited to 7,079 s.f. or 28.5% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non -hardcover surfaces. 4. Required removals of all structure and hardcover to be removed shall be completed prior to the footing inspection for the proposed pool. 5. Submittal and approval of an as -built grading plan verifying compliance with engineering and zoning approvals is required prior to the final inspection. 6. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (July 9, 2008). 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 5