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CITY OF UR,01,%,10 RESOLUTION OF THE CITY COUNCIL No_ 6 5 2 l City staff, comments by the Applicant and the public, and the effect of the proposed variances on the health, safety and welfare of the community as well as the impact on properties in the vicinity. 5. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Owners, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based on the above findings, City Council of Orono, Minnesota hereby grants a variance from Orono City Code Section 78-420 to permit construction of a new single family residence on the Property which has 1.5 acres (67,235 square feet) in area and 120 feet in width where 2.0 acres (87,120 square feet) in area and 200 feet of width is normally required; and a variance from Orono City Code Section 78-420 to permit construction of a new single family residence on the Property 30.5 feet from the south side street property line where a 50 foot setback is required,subject to the following conditions: 1. Council approval is based on the survey, landscape and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A, B & C. Any amendments to these plans may require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variances will expire on that date (July 27, 2016). 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned Applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of their heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the Property. Page 3 of 4