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5. The City Council has considered this application including the reports by City <br />staff, comments by the applicants and the effect of the proposed variances on the <br />health, safety and welfare of the community. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the Orono City Council <br />hereby grants variances to the Municipal Zoning Code Sections noted above to permit the <br />constnjction of a 24’ x 26’ attached garage and an 8 ’ x 25 ’ grade-level deck for the property <br />located at 2166 Shadywood road, subject to the following conditions: <br />1. <br />2. <br />3. <br />All hardcover removals as set forth on Page 6 of this resolution shall be <br />completed prior to the final inspection for the new construction. <br />Upon application for a building permit, applicant shall provide a gruJing/drainage <br />plan for entrance/curb cut improvements at County road for the installation of the <br />new driveway. Applicants shall also include with building permit application <br />information the County permit approving proposed alterations. <br />Applicants shall grant a 5 ’ drainage easement along the northwest side lot line of <br />the property to allow for future improvement of the County drainage facility that <br />exists on the adjacent property. Applicants shall install drive such that 5 ’ <br />drainage easement will not be encroached. <br />Authorities granted by this variance run with the property not with the applicants, <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 (June 28. 1994). <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 />tenniiu'te any authority granted herein, and shall be punishable as a misdemeanor. <br />Page 3 of 6