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2. The combined area of Record Lots 63 and 67 is 0.57 acre. 3. The intent of Section 78-568(8), based on an examination of Ordinance 246, is that if two or more contiguous record lots listed in Section 78-568(7) as unbuildable are combined to a create a parcel of at least 0.50 acre then the combined record lots are eligible for a lot area variance as outlined in Section 78-563. 4. The Planning Commission reviewed this application on February 16, 2010, and on a vote of 5-0 recommended approval of the variance. 5. The above described property when combined is still less than the minimum lot size required for new lots in the RS district, but the combined Record Lots is may be used in the future for any permitted use in the RS District without adverse affect upon public health, safety, or welfare. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the above described Record Lots subject to the following conditions: 1. These combined Record Lots, including all the above described property, shall henceforth be continued in common ownership by the same person or persons even if recorded as separate lots or tax parcels, and it shall not be subdivided, sold in parts, reduced in area or otherwise separated without approval of a subdivision by the City. This condition shall not preclude future sale or transfer of the combined Record Lots as a single unit or the merging by tax parcel combination of the combined Record Lots with one or more other Record Lots as long as the merging results in a reduction in the number of Record Lots. 2. Granting this variance means the combined Record Lots may be used for one- family seasonal recreational use without a structure or a seasonal dwelling may be constructed without requiring further City Council review of lot size, but subject to compliance with all building permit, setback, hardcover, on-site sewage treatment and other performance standards for development in the RS District. 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 Adopted by the Orono City Council on this 8th day of March, 2010. ATTEST: Linda S. Vee, City Clerk James M. White, Mayor Page 2 of2