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!�" . .� � O� • O O • � � C ITY of ORONO � � : ; � , ti ti RESOLUTION OF THE CITY COUNCIL ��`gkESl��g'�G NO. S � � � WHEREAS, the City Council has reviewed the proposed encroachments and has determined that there will be no negative visual impacts created by the minor encroachments proposed,and that the proposed encroachments will have no imp act on utility easements,nor will they tend to reduce separation between buildings or reduce open space. NOW,THEREFORE,BE IT RESOLVED thatbased on the findings noted above,the City Council of the City of Orono does hereby amend Condition 2(j)of Resolution No.4915 and does hereby grant approval based on PUD flexibilityto allow the proposed encroachments oftlie required 20' setback for Lot 6, Block 1, STONEBAY as described herein, subject to the following conditions: 1. The proposed encroachments shall be constructed as described herein. 2. Authorities granted by this resolution run with the property not with the developer, but are permissive only and must be exercised by obtaining a building pennit for construction of a • townhome residence on the aforesaid Lot 6 within one year of the date of Council approval,or this approval will expire on that date(October 25, 2005). 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute aviolation ofthe Zoning Code,sha11 automaticallyteiminate any authoriiy granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read,understood and hereby agrees to the terms ofthis resolution and onbehalf ofhimself,his heirs,successors and assigns,hereby agrees to the recording of this resolution in the chain of title of the affected properties. - Adopted by the Orono City Council on this 25th day of October, 2004. ATTEST: _ � ��- - Linda S. Vee, City Clerk Barbara A. Peterson, Mayor . � ��1�Lu- t��E-�- rope Owner(s) �l�L L— �'{�C(, • Page 2 of 4