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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL G NO. 551 4. The Council has considered this application including the ,findings and recommendation of the Planning Commission, reports by City staff, comments by the Owner and the public, and the effect of the proposed variance and conditional use permit on the health, safety and welfare of the community. 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 variance and conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; 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 upon one or more of the above findings, the Orono City Council grants: a CUP pursuant to Orono Municipal Zoning Code Sections 78-1288, 78-1680 and 78-1700 to allow construction of a new detached garage partially over existing hardcover resulting in 29.79% hardcover where 29.79% exists and 25% hardcover is permitted; subject to the following conditions: 1. Council approval is based on the survey and plans submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the approved plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed overall hardcover levels shall not exceed the existing level of 29.79%. 3. Compliance with all permitting requirements of the Minnehaha Creek Watershed District. 4. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only and must be exercised by obtaining permits and commencing construction of said project within one year of the date of Council approval, or the approvals granted by this Resolution will expire on that date (October 12, 2016). 5. 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. 6. The undersigned Owner has read, understands and hereby agrees to the terms of this resolution and on behalf of the Owner and the Owners' heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the Property. Page 3 of 5