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City. <br />6.The City Council has considered this application including the findings and <br />reconunendations of the Planning Commission, reports by City Staff, comments by <br />the applicant and the effect of the proposed variances on the health, safety and <br />welfare of the community. <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 Municipal Zoning Code Section 10.23, Subdivision 6 (B) to allow construction of a new <br />attached garage with a second story to the existing house to be 4.5 ’ from the rear lot line where 50 ’ is <br />required, 14 ’ from the side yard adjacent street lot line where 50' is required in the LR-IA zoning <br />district and to allow 2,313 s.f. (35.34%) hardcover in the 250-500 ’ setback zone where 1,963.5 s.f <br />(30%) is allowed. Approval is subject to the following conditions: <br />1.Council approval is based on the site plan submitted by the applicant attached to this <br />resolution as Exhibit B. Any amendments to the site plan may require further <br />Planning Commission and City Council review. <br />2.The applicant shall remove 78 s.f. of hardcover in the 250-500 ’ setback zone prior to <br />final inspection. The 78 s.f will be removed from a ground patio at the rear of the <br />house. <br />3.Authorities granted by this variance run with the property not with the applicants, but <br />are permissive only and must be exercised by application for a building permit within <br />one year of the date of Council approval, or these variances w ill expire on that date <br />(February 10,2004). <br />4.Violation of or non-compliance with any of the terms and conditions of this variance <br />shall constitute a violation of the zoning code, shall automatically terminate any <br />authority granted herein, and shall be punishable as a misdemeanor. <br />5.1 he undersigned applicant has read, understands and hereby agrees to the terms of <br />this resolution and on behalf of himself his heirs, successors and assigns, hereby <br />agrees to the recording of this resolution in the Chain of Title of the property. <br />Page 3 of7 <br />niuJh