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i�� <br /> /� �11�' . <br /> • � � <br /> �b. - C ITY of ORONO <br /> � � <br /> ti <br /> �,� G'� RESOLUTION OF THE CITY COUNCIL <br /> �9kESI��4�' NO. � � <br /> 6. The City Council has considered this application including the findings and <br /> recommendations of the Planning Commission,reports by City Staff, comments by <br /> the applicant and the effect of the proposed variance on the health, safety and <br /> welfare of the community. <br /> CONCLUSIONS, ORDER,AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby grants a <br /> variance to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the property to be <br /> a buildable lot where 4.3 acres exist and 5 acres are required for residential use and the denial of the <br /> requested vacation of platted right-of-way. Variance approval is subj ect to the following conditions: <br /> 1. Applicant shall receive approval from the MCWD for the land alteration within a <br /> wetland. <br /> • 2. Final Grading Plan for the driveway shall be approved by the City of Orono.� � <br /> 3. Septic Sites shall be enclosed with a four foot orange snow fence prior to land <br /> alteration and grading on the lots as required by the On-Site Systems Manager. <br /> 4. Applicant shall enter into a Hold Harmless Agreement with the City of Orono for the <br /> private driveway within the public right-of-wa}�and agree that others requesting use <br /> of the public land within the 33'platted public right of way are permitted for access <br /> purposes to adjacent properties, subject to review by the City Public Services <br /> Director. <br /> 5. Authorities granted by the variances run with the property not with the applicant,but <br /> . . . are permissive only and must be exercised by application for a building permit within <br /> . . one year of the date of Council approval, or these variances will expire on that date <br /> (November 13, 2001). <br /> 6. Violation of or non-compliance with any ofthe terms and conditions of the variances <br /> shall constitute a violation of the zoning code, shall automatically terminate any <br /> authority granted herein, and shall be punishable as a misdemeanor. ' <br /> 7. The undersigned applicants and owners have read,understand and hereby agree to <br /> the terms of this resolution and on behalf of themselves,their heirs, successors and <br /> • assigns, hereby agree to the recording of this resolution in the Chain of Title of the <br /> � � property. <br /> Page 3 of 5 <br />