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� O� <br /> O 4 <br /> � C ITY of ORONO <br /> � <br /> ,� ;. � <br /> ti <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> ��`9k'ESII�g'�G NO. 5 9 2 3 <br /> 2. The combined area of Record Lots 63 and 67 is 0.57 acre. <br /> 3. The intent of Section 78-568(8), based on an examination of Ordinance 246, is that if two <br /> or more contiguous record lots listed in Section 78-568(7) as unbuildable are combined to <br /> a create a parcel of at least 0.50 acre then the combined record lots are eligible for a lot <br /> area variance as outlined in Section 78-563. <br /> 4. The Planning Commission reviewed this application on February 16, 2010, and on a vote <br /> of 5-0 recommended approval of the variance. <br /> 5. The above described property when combined is still less than the minimum lot size <br /> required for new lots in the RS district, but the combined Record Lots may be used in the <br /> future for any permitted use in the RS District without adverse affect upon public health, <br /> safety, or welfare. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon the above findings, the Orono City Council hereby grants a variance to the above <br /> described Record Lots subject to the following conditions: <br /> l. These combined Record Lots, including all the above described property, shall <br /> henceforth be continued in common ownership by the same person or persons <br /> even if recorded as separate lots or tax parcels, and it shall not be subdivided, sold <br /> in parts, reduced in area or otherwise separated without approval of a subdivision <br /> by the City. This condition shall not preclude future sale or transfer of the <br /> combined Record Lots as a single unit or the merging by tax parcel combination <br /> of the combined Record Lots with one or more other Record Lots as long as the <br /> merging results in a reduction in the number of Record Lots. <br /> 2. Granting this variance means the combined Record Lots may be used for one- <br /> family seasonal recreational use without a structure or a seasonal dwelling may be <br /> constructed without requiring further City Council review of lot size, but subject <br /> to compliance with all building permit, setback, hardcover, on-site sewage <br /> treatment and other performance standards for development in the RS District. <br /> 3. 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 misdemeanor. <br /> Page 2 of 3 <br />