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6.The City Council has considered this application including the Findings and <br />recommendations of the Planning Commission, reports by City Staff, comments by <br />the applicants and the effect of the proposed variance 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 <br />variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision <br />16 (L) (2) to permit an alteration to existing hardcover over 25% for a two-story residential addition <br />and variances to Section 10.24, Subdivision 5 (B) to permit an addition 8' from the side property line <br />where a 10 ’ setback is required subject to the following conditions: <br />1. <br />3. <br />4. <br />5. <br />The property shall be developed in conformance with the site plan attached as Exhibit <br />A. <br />Prior to a building permit, the final plans shall be shown on the Certificate of Sur\'ey <br />by a I icensed engineer/surveyor. The plans shall indicate all proposed finished grades <br />and elevations for the draintile pipe. Unless specifically approved by the City, the <br />draintile shall drain above the top of the hill and at the 75' setback. <br />Authorities granted by the variances run with the property not with the applicants, but <br />are permissive only and must be exercised by application fora building permit within <br />one year of the date of Council approval, or these variances will expire on that date <br />(February 25, 2003). <br />Violation of or non-compliance with any of the terms and conditions of the variances <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 />The undersigned owners have read, understand and hereby agree to the terms of this <br />resolution and on behalf of themselves, their heirs, successors and assigns, hereby <br />agree to the recording of this resolution in the Chain of Title of the property. <br />Page 3 of 6