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5. The City Council has considered this application <br />including the findings and recommendations of the <br />Planning Commission, reports by City staff, comments by <br />the applicant and the effect of the variances on the <br />health, safety and welfare of the community, <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono <br />City Council hereby grants variances to Municipal Zoning Code <br />Sections 10.03, Subdivision 15 (P), Section 10.61, Subdivision 5 <br />(A) and Section 10.03, Subdivision 21 to permit the structural <br />repair of a structure that does not meet the required 10' side <br />and rear setbacks and for unapproved land alterations at the <br />north side lot line, subject to the following conditions: <br />1. Applicant shall file for a building permit for the <br />proposed structural repair of the non~conforming <br />structure. <br />2. Applicant shall work with neighboring property owner to <br />north with the intent of preserving mature trees <br />between neighbors' fence and boulder wall and the <br />trimming of smaller immature trees but allowing root <br />structures to remain. <br />3. Authorities granted by this resolution run with the <br />property not with the applicant, but are permissive <br />only and must be exercised by application for a <br />building permit within one year of the date of Council <br />approval, or this variance will expire on that date <br />(November 9, 1993). <br />4. Violation of or non-compliance with any of the terms <br />and conditions of this resolution shall constitute a <br />violation of the zoning code, shall automatically <br />terminate any authority granted herein, and shall be <br />punishable as a misdemeanor <br />5. The undersigned applicants have read, understood and <br />he "eby agrees to the terms of this resolution and on <br />be \lf of themselves, their heirs, successors and <br />assigns, hereby agrees to the recording of this <br />resolution in the chain of title of the property. <br />Page 3 of 5