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\ � _ , .. � - � - . ; r .� � Cit of ORONO -. . � • '� R�SOLUTION OF THE CITY COUNCIL -. .� �`�`� i� NO. 2493 .� - • • - 5. The City Council finds that the conditions existing on this : property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire •. hazard or other danger to neighboring property; would not merely serve�� as a convenience to the applicant, but is necessary to alleviate a , demonstrable hardship or difficulty; is necessary to preserve a . substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS . ' Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municigal Zoning Code Section � • 10.03, Subdivision 15 (C) and Section 10.28, Subdivision 5 (B) to permit the installation of wall monuments at the entrance to the Countryside Manor that would require a height variance of 1'6" ancl a setback variance of 43' . or 86$ from Willow Drive and 45'4" or 90$ from Countryside Drive, subject to the following conditions: l. Applicant must obtain a building permit from the City of Orono for � the construction of the monument walls. � 2. Applicant must execute a Hold Harmless Agreement, holding the City harmless for any damage done to the wall as a result of maintaining � drainage within the public drainageways or maintaining the future public roadway. 3. Authorities grantecl with this resolution run with the property not � with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of ' Counci 1 approva 1, or this variance wi 11 expire on that date (August 22, 1989 ). ;, 4. 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. :� 5. The undersigned app licant has read, unc3erstood and hereby agrees ? • to the terms of this resolution and on behalf of the Countryside Manor Homeowners' Association, their heirs, successors and assigns hereby ; agrees to the recording of this resolution in the chain of title of c the property. z y Page 2 of 4 z� � . ;.