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W <br />CITY of ORONO <br />RESOLUTION OF THECITY COUNL <br />NO CI <br />650 <br />and a variance to Orono Municipal Zoning Code Section 78-1435 to allow the existing barn to be <br />located at 95.2 feet from the front lot line, slightly ahead of the proposed principal structure, <br />where at least 100 feet and behind the principal structure is the setback normally required for an <br />accessory structure to allow the existing barn to remain as it is, in size and location, subject to the <br />following conditions: <br />1. Council approval is based on the site plan submitted by the applicants and annotated by <br />City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan <br />which are not in conformity with City codes will require further Planning Commission <br />and City Council review. <br />2. Authorities granted by this resolution run with the property not with the Applicants, but <br />are permissive only and must be exercised by obtaining a building permit for the new <br />construction within one year of the date of Council approval, or the variance will expire <br />on that date (August 13, 2008). <br />3. The applicants hereby agree by executing this resolution and covenant that the accessory <br />building that is the subject of this resolution will not be: <br />a. Used for a home occupation unless specifically approved by the City or if allowed <br />by this Code. <br />b. Used as a dwelling unless a guest house conditional use pen -nit is obtained. <br />c. Rented, leased or otherwise provided for use as a dwelling under any <br />circumstances. <br />The applicants acknowledge that this covenant shall be binding upon current and future <br />owners of the Property, and shall be filed within the chain of title of the Property. <br />4. Violation of or non-compliance with any of the terms and conditions of this resolution <br />shall constitute a violation of the zoning code, shall automatically terminate any authority <br />granted herein, and shall be punishable as a misdemeanor. <br />5. The undersigned applicants have read, understand and hereby agree to the terms of this <br />resolution and on behalf of the applicants and the applicants' 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 4 <br />