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