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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 <br />by the applicants and the effect of the proposed variance on the health, safety <br />and welfare of the community. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit a 5' <br />setback to the platted alley where 50' is required; a 17' side yard adjacent to street (Dickenson <br />Street) setback where 50' is required; and a 36.8' front yard setback, where 50' is required and <br />to permit a garage with a 5' setback to the right-of-way where 30' is normally required to allow <br />a residential and garage addition to the existing residence. Approval was subject to the <br />following conditions; <br />1.The existing detached garage shall be removed prior to completing a final <br />inspection on the residential addition. The property owners shall apply for and <br />receive a demolition permit from the City Building Department prior to removal. <br />2.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 (May 24, 2000). <br />3.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