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k <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings and hardships, the Orono City <br />Council hereby grants a 40' setback variance per Municipal Zoning Code Section 10.28, <br />Subdivision 5 (B) and per Section 10.03, Subd. 9 (D) approves the placement of the detached <br />structure within the front/street yard 50 ’ in front of the front line of the residence, subject to <br />the following conditions: <br />1.Applicant to provide a planting schedule upon application for building pennit <br />specifying location and type of evergreen to be planted along north and west <br />side of structure. <br />2.Authorities granted by this variance run with the property not with the applicant, <br />but are permissive only and must be exercised by application for a building <br />permit within one year of the date of Council approval, or this variance will <br />expire on that date (May 13, 1997). <br />3.Violation of or non-complianv.e with any of the terms and conditions of this <br />variance 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 />4.The undersigned applicant has read, understood and hereby agrees to the terms <br />of this resolution and on behalf of himself, his heirs, successors and assigns, <br />hereby agrees to the recording of this resolution in the Chain of Title ol the <br />property. <br />Page 3 of 5