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7. The City Council hereby determines that Resolution U117& <br />establishes a unique contruct between the City and the <br />applicant and the Council further finds that, whether or <br />not said contract is legally enforceable, the unique <br />circumstances surrounding Resolution #1178 and the <br />subsequent placement of the MUSA boundary establish the <br />clear intent of a past City Council which the current <br />City Council intends to uphold. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council <br />hereby grants a variance to Municipal Zoning Code Section 10.28, <br />Subdivision 5 (B) and a variance to Subdivision Code Section 11.10, <br />Subdivision 14 (A) to permit the subdivision of the applicant's <br />property to create a 1 acre lot with the existing resid -ice and a <br />2+ acre new building site in the RR-IB Zoning District where each <br />lot would normally be required to contain at least twc acres in <br />area, subject to the following conditions: <br />Authorities granteo by this variance run with the <br />property not with th‘ applicant, but are permissive only <br />and must be exercised by application for a subdivision <br />within one year of the date of Council approva., or this <br />variance will expire on that date (January 11, 1994). <br />Violation of or non-compliance with any of tlie terms and <br />conditions of the variance shall constitute a violation <br />of the zoning code, shall automatically terminate any <br />authority granted herein, and shall be punishable as a <br />misdemeanor. <br />The undersigned applicant has read, understood and hereby <br />agrees to the te’^ms of this re.nolution and on behalf of <br />himself, his heirs, successors and assigns, hereby agrees <br />to the recording of this resolution in the chain of title <br />of the property. <br />1. <br />2 . <br />3 . <br />Page 7 of 9