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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6692 NO. ________ _ 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." The accessory building in the proposed location will not impair the health , safety, comfort or morals of the public. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." There are no conforming locations to construct such an accessory building on the Property; this criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-1434 and 78-1435 to allow construction of a 1,200 square foot accessory building closer to the street than the principal structure, subject to the following conditions: 1. Council approval is based on the location of "Barn A " on the survey dated September 12, 2016 by Frank Cardarelle Land Surveyor and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 2 . The Applicants agree to and covenant the following regarding the oversize accessory structure ; such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the Property. a. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the city in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period, the oversized accessory structure must be removed if no principal structure has been constructed . b . If the Property is subdivided , the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building . c. In subdivision approval , the setback required for the oversize accessory structure shall remain . 3. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new 4