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i <br />1,780 s.f. is <br />es or 4,956 <br />, 2000 and <br />from 1,592 <br />») from 707 <br />Dakota Rail <br />■ the City’s <br />ion because <br />peculiar to <br />lat granting <br />r pose a fire <br />serve as a <br />>le hardship <br />applicants; <br />L <br />and would be in keeping with the spirit and intent of the Zoning Code and <br />Comprehensive Plan of the City. <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 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 10.03, Subdivision 15 to permit the patio to be located <br />at the lot line where a 2' setback is required; Section 10.22, Subdivision 16 (L)( 1) to allow 1,512 s.f <br />(55.0%) of hardcover in the 0-75' setback area where 0 s.f (0%) is allowed and 1,592 s.f (57.9%) <br />exists for removal of a concrete sidewalk; Section 10.22, Subdivision 16 (L)(2) to allow 643 s.f <br />(64.95%) hardcover in the 75-250' setback area where 247.5 (25%) is allowed and 707 s.f (71.4%) <br />exists to permit the replacement of a deck. Approval is subject to the following conditions: <br />1. <br />2. <br />3. <br />4. <br />Council approval is based on the site plan submitted by the applicants attached to this <br />resolution as Exhibit A. Any amendments to the site plan may require further <br />Planning Commission and City Council review. <br />Authorities granted by these variances run with the property not with the applicants, <br />but are permissive only and must be exercised by application for a building permit <br />within one year of the date of Council approval, or these variances will expire on that <br />date (June 26,2001). <br />Violation of or non-compliance with any of the terms and conditions of these <br />variances shall constitute a violation of the zoning code, shall automatically terminate <br />any authority granted herein, and shall be punishable as a misdemeanor. <br />The undersigned applicants have read, understood and hereby agree to the terms of <br />this resolution and on behalf of themselves, their heirs, successors and assigns, <br />hereby agree to the recording of this resolution in the Chain of Title of the property. <br />Page 3 of 6