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2. The applicant must enter into an encroachment agreement, which would apply <br />to the existing attached deck and gazebo and could include the additional <br />encroachment of a pool deck if desired; and <br />3. Pursuant to § 1013.03 of the City Code, the VARIANCE shall expire 6 months <br />after the approval date if a fence permit is not issued. <br />The motion for the adoption of the foregoing resolution was duly seconded by <br />Member and upon vote being taken thereon, the following voted in favor: <br />Members : <br />And Members voted against; <br />WHEREUPON said resolution was declared duly passed and adopted. <br />Page 2 of 3 <br />r. —� <br />