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CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants variances to ivlunicipal Zoning Code Section 10.27, Subdivision 5 to permit a swimming <br />pool and patio to be located 55* from the side lot line and 90' from the front lot line, and <br />denies variances to permit construction of an accessory building, with plumbing, within the side <br />yard adjacent to street setback. Approval was subject to the following conditions: <br />1 <br />3 <br />5. <br />The applicants submit an updated survey showing existing and proposed <br />conditions on the property and elevation and fill data for a berm around the <br />swimming pool. <br />The applicants apply for and receive a land alteration permit for the berming <br />shown on the landscape architect's drawing on file wth the Building & Zoning <br />Department. <br />Authorities granted by this variance run with the property not with the <br />applicants, but are permissive only and must be exercised by application for a <br />building permit within one year of the date of Council approval, or this variance <br />will expire on that date (April 26, 2000). <br />Violation of or non-compliance with any of the terms and conditions of this <br />resolution shall constitute a violation of the zoning code, shall automatically <br />terminate any authority granted herein, and shall be punishable as a <br />misdemeanor. <br />The undersigned applicants have read, understood and hereby agree to the terms <br />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 <br />the property. <br />Page 3 of 5