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6. The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City staff, comments <br />by the applicants and the effect of the proposed variance on the health, safety <br />and 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 v^ances to Municipal Zoning Code Section 10.24, Subdivision 5 (B); Section 10.22, <br />Subdivisions 1 and 2; and Section 10.56, Subdivision 16 (L) (1)&(2) to permit a 22'x22’ garage <br />to be located 17.1’ from Rest Point Road and to allow an additional 1,162 sq. ft. of hardcover <br />in the 75-250 ’ setback where 1,978.25 sq. ft. (25%) is allowed and 2,482.75 (31.3%) is <br />proposed. Approval was subject to the following conditions: <br />1. The existing shed in the south side yard shall be removed upon completion of <br />the garage. <br />2. No fill shall be placed in the flood plain area and the sidewalk shall be installed <br />at the original grade. <br />3. <br />4. <br />Authorities g.-anted by this variance run with the property not with the <br />applicants, but are permissive only and must be exercised by application for a <br />building perrmt within one year of the date of Council approval, or this variance <br />will expire on that date (August 24, 1999). <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 />terminate any authority granted herein, and shall be punishable as a <br />misdemeanor. <br />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 <br />assigns, hereby agree to the recording of this resolution in the chain of title of <br />the property. <br />Page 3 of 5