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5. The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City statf. comments <br />by the applicants and the effect of the proposed variance on the health, safety and <br />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 10.03, Subdivision 14 (C) and Section 10.^^, <br />Subdivision 1 (B) and 2 to permit the reconstruction of a grade level 16 ’x26’ deck and a <br />9 ’xl4'/:’ upper level deck and ll'/^’x9 ’ enclosed addition, subject to the following conditions: <br />I All hardcover removals as scheduled for removal as shown on Page 6 of this <br />resolution shall be completed prior to the footing inspection for new construction. <br />2. 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 (July 12, 1994). <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 misdemeanor. <br />4. 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 assigns, <br />hereby agree to the recording of this resolution in the chain of title of the <br />property. <br />Pace 3 of 6