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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />5. The City Council finds that the conditions existing on this <br />property are peculiar to it and do not apply generally to other <br />property in this zoning district; that granting the variances would <br />not adversely affect traffic conditions, light, air nor pose a fire <br />hazard or other danger to neighboring property; would not merely serve <br />as a convenience to the applicant, but is necessary to alleviate a <br />demonstrable hardship or difficulty; is necessary to preserve a <br />substantial property right of the applicant; and would be in keeping <br />with the spirit and intent of the Zoning Code and Comprehensive Plan <br />of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the Orono <br />City Council hereby grants variances to Municipal Zoning Code Section <br />10.03, Subdivision 15 (C) and Section 10.28, Subdivision 5 (B) to permit <br />the installation of wall monuments at the entrance to the Countryside Manor <br />that would require a height variance of 116" and a setback variance of 43' <br />or 86% from Willow Drive and 4514" or 90% from Countryside Drive, subject <br />to the following conditions: <br />1. Applicant must obtain a building permit from the City of Orono for <br />the construction of the monument walls. <br />2. Applicant must execute a Hold Harmless Agreement, holding the City <br />harmless for any damage done to the wall as a result of maintaining <br />drainage within the public drainageways or maintaining the future <br />public roadway. <br />3. Authorities granted with this resolution run with the property not <br />with the applicant, but are permissive only and must be exercised by <br />application for a building permit within one year of the date of <br />Council approval, or this ­.triance will expire on that date (August <br />22, 1989). <br />4. Violation of or non-compliance with any of the terms and <br />conditions c.f this resolution stall constitute a violation of the <br />zoning rode, shall automatically terminate any authority granted <br />herein, and shall be punishable as a misdemeanor. <br />5. The undersigned applicant has read, understood and hereby agrees <br />to the terms of this resolution and on behalf of the Countryside Manor <br />Homeowners' Association, their heirs, successors and assigns hereby <br />agrees to the recording of this resolution in the chain of title of <br />the property. <br />Page 2 of 4 <br />