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0 CITY of ORONO Nil ti� RESOLUTION OF T�HE� IIT5COUNCIL granting the setback variance for the second lakeside pier would merely serve as a convenience to the Owner and is not necessary to alleviate a demonstrable hardship or difficulty or to preserve a substantial property right of the Owner. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a conditional use permit for grading in the 0' to 75' zone and variances to Orono Municipal Zoning Code Sections 78- 1288 and 78-71(b)(3) to allow 15 square feet of hardcover for a retaining wall in the 0 to 75 foot zone and to allow replacement of the non-corforming 190 square foot lakeside deck with a 190 square foot patio at a slightly different location, subject to the following conditions: 1. Council approval is based on the plans submitted by the Owner and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to these plans may require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the Property not with the owner, but are permissive only and must be exercised by commencing the project before September 24, 2008 or the variance will expire on that date. 3. 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. 4. The undersigned Owner has read, understood and hereby agrees to the terms of this resolution and on behalf of his heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Based upon the above findings, the Orono City Council hereby denies the setback variance for the second lakeside pier. Page 3 of 4