11-26-2001 Council Packet - Laserfiche WebLink

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6. The Cit>' Council has considered this application including the Hndings and recommendations of the Planning Commission, reports by City Staff, comments by the applicant and the effect of the proposed variance on the health, safely and \selfarc of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.27, Subdivision S (B) to permit the propertv' to be a buildable lot where 4.3 acres exist and 5 acres are required for residential use and the denial of the requested vacation of platted right of way. Variance approval is subject to the following conditions: I. Applicant shall receive approval from the MCWD for the land alteration within a wetland. 2. Pinal Grading Plan for the driveway shall be approved by the City of Orono. 3. Septic Sites shall be enclosed with a four foot orange snow fence prior to land alteration and grading on the lots as required by the On-Site Systems Manager. 4. Applicant shall enter into a Hold Harmless Agreement with the Cit>' of Orono for the private driveway w ithin the public right-of-way and agree that others requesting use of the public land can share a driveway if required. VW 5. Authorities granted by the variances run with the property not w ith the applicant, but are permissive only and must be exercised by application for a building permit w iihin one year of the date of Council approval, or these variances will expire on that date (November 13, 2001). 6. Violation of or non-compliance with any of the terms and conditions of the variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants and owners have read, understand and hereb>* agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 5