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(3) If a property is not in conformance after removal of illegal hardcover or if the <br /> proposed construction would bring the property into non-conformance, the <br /> property owner must remove additional hardcover to achieve conformance. This <br /> hardcover must be removed before the permit is issued. <br /> (4) Structural hardcover cannot be added above existing non-conforming non- <br /> structural hardcover without meeting hardcover limits. <br /> (5) Nonconforming hardcover cannot be relocated, expanded in any way or changed <br /> in nature unless the property is brought into conformance except: <br /> a. The roofline may be changed but the roof may not be extended over unroofed <br /> portions of the structure; <br /> b. An additional story(s) may be added over roofed portions of the structure; or <br /> c. An open or screened porch may be converted a two or three season porch or <br /> year round living space (including replacing a post foundation with a <br /> perimeter foundation)provided hardcover is not increased. <br /> (d) The hardcover restrictions are independent of lot coverage regulations elsewhere in the <br /> Municipal Code. Accordingly, a property must conform to both hardcover limitations and lot <br /> coverage regulations. <br /> SECTION 4. The following language is deleted from Chapter 78 Section 1435 of the Orono City <br /> Code <br /> (1) Location of principal building to lakeshore. No principal building shall be located <br /> closer than 75 feet to the natural ordinary high water mark of a lake abutting the property. <br /> This lakeshore setback shall be determined as the mean horizontal distance between the <br /> natural ordinary high water mark on the lakeshore and the allowable building line. <br /> (2) Variance from lakeshore setback. Any application for a variance from the <br /> requirements of subsection (1) of this section shall be referred to the Minnehaha Creek <br /> Watershed District for its approval before final action by the council. <br /> SECTION 4. This ordinance shall be effective following its passage and publication. <br /> ADOPTED by the City Council of the City of Orono, Minnesota this day of <br /> ,2008. <br /> CITY OF ORONO <br /> BY: <br /> Mayor <br /> ATTEST: <br /> 15 <br />