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CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Omno City Council licrcby <br />grants variances and a conditional use permit to Orono Municipal Zoning Code Sections <br />78-330 (B) and 78-1250 to allow construction of a new residence on an existing lot 0.42 <br />acres in size when 1.0 acres in normally required, 100 feet in width at the shoreline and <br />75 foot setback when 140 ’ is normally required, and lastly a conditional use permit to <br />allow grading within 75 feet of the lake in order to remove the existing home and restore <br />the site to match the existing grades and to remove the existing retaining walls, subject to <br />the following conditions; <br />1. Council approval is based on the site plan submitted by the applicant and <br />annotated by City staff, attached to this Resolution as Exhibit A. Any <br />amendments to the site plan which are not in conformity with City codes will <br />require further Planning Commission and City Council review <br />2. Prior to issuance of a building permit, legal combination of Lots 3 and 4 shall be <br />filed with the Department of Property Tax and Public Records af Hennepin <br />County. <br />3. Five (5) foot drainage and utility easements shall be dedicated along the street and <br />north and south side lot lines of the property. <br />4. The City Engineer must approve a final grading plan prior to issuance of a <br />building permit. <br />5. Hardcover in the 0-75’ zone shall not increase above the level of 0%. Hardcover <br />in the 75-250’ zone shall be limited to 2,737 s.f or 25% per the proposed plan and <br />hardcover allowance summary as depicted on Exhibit A. Applicant is advised <br />that any future requests to increase hardcover will not likely be approved without <br />concurrent reduction in existing hardcover. <br />6. Applicant shall remove all plastic or fabric liner material from the decorative <br />land.scape beds on the property to ensure their permeability as non-hardcover <br />surfiices. <br />7. Required removals of structure and hardcover sliall be completed by the first <br />inspection for the proposed new residence. <br />Page 3 of 6