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� o� <br /> 0 0 <br /> ' �� - CITY of ORONO <br /> ���. <br /> � � <br /> �� ����' p~' RESOLUTION OF T E I Y COUNCIL <br /> t�kESH04� NO. � � � O <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon the above findings, the Orono City Council hereby grants a variance to Orono <br /> Municipal Zoning Code Section 78-330 to allow a five foot setback for a deck, a variance to <br /> Orono Municipal Zoning Code Section 78-1404(3) to allow the patio to remain with a 1.7 foot <br /> setback and a variance to Orono Municipal Zoning Code Section 78-1288 to have 34.49% <br /> percent hardcover in the 75 to 250 foot zone when the maximum is 25 percent, subject to the <br /> following conditions: <br /> l. Council approval is based on the site plan submitted by the Owners and <br /> annotated by City staff, attached to this Resolution as Exhibit A. Any k <br /> amendments to these plans may require further Planning Commission and City <br /> Council review. <br /> 2. Hardcover in the 0-75' zone shall be as allowed by Resolution 4719 (zoning <br /> application 01-2689). Hardcover in the 75-250' zone shall be limited to 3,235 <br /> s.f. or 34.49% %. Hardcover in the 250-500' zone shall be limited to no more <br /> than 30 % per the proposed site plan and hardcover allowance summary as <br /> depicted on Exhibit A. The Owners are advised that any future requests to <br /> increase hardcover or change the nature of existing/approved hardcover shall <br /> require City approval, and increases in hardcover will not likely be approved <br /> without concurrent reduction in existing hardcover. <br /> 3. To help remedy a basement water problem pervious fabric is allowed only at <br /> the locations shown on Exhibit A. Owners shall not place any additional plastic <br /> or fabric liner material under any other landscaping on the property to ensure <br /> their permeability as non-hardcover surfaces. <br /> 4. Authorities granted by this resolution run with the Property not with the <br /> Owners, but are pennissive only and must be exercised by obtaining a building <br /> permit for the deck, completing the alteration of the deck and removing the <br /> hardcover as noted on Exhibit A before September 4, 2007 or the variance will <br /> expire on that date. <br /> 5. 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 <br /> misdemeanor. <br /> Page 3 of 4 <br />