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would be in keeping with the spirit and intent of the Zoning Code and <br />Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council hereby amends Resolution No. 5331 <br />and grants a variance to Orono Municipal Zoning Code Section 78-1404 to allow an an <br />emergency generator, subject to the following conditions: <br />1. Council approval is based on the plans submitted by the Applicant and <br />attached to this Resolution as Exhibit A. Any amendments to these plans may <br />require further Planning Commission and City Council review. <br />2. The Lessee maintaining the fence in good condition and repaired in a manner <br />consistent with the original design. <br />3. The Lessee keeping the area within the fence free of noxious weeds and tall <br />grass. <br />4. The Lessee obtaining necessary building permits. <br />5. Authorities granted by this resolution are permissive only and must be <br />exercised by completing installation of the generator and screening fence <br />before June 23, 2009, or the conditional use permit and variance will expire on <br />that date. <br />6. Violation of or non-compliance with any of the terms and conditions of this <br />resolution shall constitute a violation of the zoning code, shall automatically <br />terminate any authority granted herein, and shall be punishable as a <br />misdemeanor. <br />Adopted by the Orono City Council on this 23rd day of June 2008. <br />ATTEST: <br />Page 3 of 4