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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. _______________ <br />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 applicant 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 a <br />variance to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the property to be <br />a buildable lot where 4.3 acres exist and 5 acres arc required for residential use and the denial of the <br />requested vacation of platted right-of-way. Variance approval is subject to the following conditions: <br />1. Applicant shall receive approval from the MCWD for the land alteration within a <br />wetland. <br />2. Final Grading Plan for the driveway shall be approved by the City of Orono. <br />3. Septic Sites shall be enclosed with u four foot orange snow fence prior to land <br />alteration and grading on the lots as required by the On-Site Systems Manager. <br />4. Applicant shall enter into a Hold Harmless Agreement with the City of Orono for the <br />private driveway within the public right-of-way and agree that others requesting use <br />of the public land within the 33' platted public right of way are permitted for access <br />purposes to adjacent properties, subject to review by the City Public Services <br />Director. <br />5. Authorities granted by the variances run with the property not w ith the applicant, 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 will expire on that date <br />(November 13,2001). <br />6. 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 />7. The undersigned applicants and owners have read, understand and hereby agree to <br />the terms 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 the <br />property. <br />Page 3 of S