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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 a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit a side <br />yard setback variance to allow a 612 s.f. two stall attached garage to be located 13.9' where <br />30' is required from the side lot line. Approval was 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 <br />to this resolution as Exhibit A. Any amendments to the site plan may require <br />further Planning Commission and City Council review. <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 (November 22, 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 6