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/ O <br /> � � <br /> • O O <br /> ��b. - C ITY of ORONO <br /> � � . <br />, �� G'� RESOLUTION OF THE CITY COUNCIL <br /> ��kESII�g'� . NO. � � � �"�' <br /> serve as a convenience to the applicants, but is necessary to alleviate a <br /> � demonstrable hardship or difficulty; is necessary. to preserve a substantial <br /> property right of the applicant; and would be in keeping with the spirit and <br /> intent of the Zoning Code and Comprehensive Plan of the City. <br /> 6. The City Council has considered this application including the findings and <br /> recommendations of the Planning Comtnission, reports by City staff, comments <br /> by the applicants and the effect of the proposed variance on the health, safety <br /> and welfare of the community. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby <br /> grants variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to allow <br /> • construction of a 816 s.f. second story addition to the residence 26.5' from the rear yard <br /> property line where 50' is required. Approval is subject to the following conditions: <br /> 1. Council approval is based on the site plan submitted by the applicants attached <br /> to this resolution as Exhibit A. Any amendments to the site plan may require <br /> further Planning Commission and City Council review. <br /> 2. Authorities granted by this variance run with the property not with the <br /> applicants, but are permissive only and must be exercised by application for a <br /> building permit within one year of the date of Council approval, or this variance <br /> will expire on that date (May 8, 2001). <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 <br /> � misdemeanor. <br /> 4. The undersigned applicants have read, understood and hereby agree to the terms <br /> of this resolution and on behalf of themselves, their heirs, successors and <br /> assigns, hereby agree to the recording of this resolution in the chain of title of <br /> the property. <br /> � Page 3 of 6 <br />