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O O <br /> a <br /> CITY of ORONO <br /> Al <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> `�kEsK0 NO. 5 6 5 0 <br /> and a variance to Orono Municipal Zoning Code Section 78-1435 to allow the existing barn to be <br /> located at 95.2 feet from the front lot line, slightly ahead of the proposed principal structure, <br /> where at least 100 feet and behind the principal structure is the setback normally required for an <br /> accessory structure to allow the existing barn to remain as it is, in size and location, subject to the <br /> following conditions: <br /> 1. Council approval is based on the site plan submitted by the applicants and annotated by <br /> City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan <br /> which are not in conformity with City codes will require further Planning Commission <br /> and City Council review. <br /> 2. 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(August 13, 2008). <br /> 3. The applicants hereby agree by executing this resolution and covenant that the accessory <br /> building that is the subject of this resolution will not be: <br /> a. Used for a home occupation unless specifically approved by the City or if allowed <br /> by this Code. <br /> b. Used as a dwelling unless a guest house conditional use permit is obtained. <br /> c. Rented, leased or otherwise provided for use as a dwelling under any <br /> circumstances. <br /> The applicants acknowledge that this covenant shall be binding upon current and future <br /> owners of the Property, and shall be filed within the chain of title of the Property. <br /> 4. 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 /> 5. The undersigned applicants have read, understand and hereby agree to the terms of this <br /> resolution and on behalf of the applicants and the applicants' heirs, successors and <br /> assigns, hereby agree to the recording of this resolution in the chain of title of the <br /> property. <br /> Page 3 of 4 <br />