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4 . <br />5 . <br />6 . <br />necessary <br />The City Council reviewed this application on December <br />14, 1992 and considered the recommendation of the <br />Planning Commission, reports by City staff, verbal and <br />written comments by the applicant and his attorney, and <br />the effect of the proposed variance on the health, safety <br />and welfare of the community. On December 14, 1992, the <br />City Council voted 3 in favor, 1 against, with 1 <br />abstention, to grant approval of the variance as <br />requested by the applicant and direct staff to draft a <br />resolution for approval. <br />On January 11.. 1993 the applicant revised his request by <br />requesting that the initially proposed lot line be moved <br />westward, leaving 1.23 acres in Lot 2 and leaving Lot 1 <br />with 1.78 acres plus 0.23 acres credit from Outlot A for <br />a total of 2.01 acres. The Council finds that granting <br />a variance to allow such credit is in keeping with the <br />unique circumstances of Resolution #1178. <br />The Council hereby determines that Resolution #1178 <br />esv*ab]ishes a unique contract 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 grant variances to Municipal Zoning Code Sections 10. , <br />Subdivision 5 (B) and 1C.03, Subdivision 6 (B) and variances to <br />Subdivision Code Sections 11.10, Subdivision 14 and 11.03.^4 to <br />permit the subdivision of the applicant's property to create a <br />acre lot with the existing residence and a 2+ acre new bull mg <br />site in the RR-IB Zoning District using non-contiguous acreage <br />where each lot would normally be required to contain at least two <br />acres of contiguous area, subject to the following conditions: <br />Page 2 of 5