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CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants hardcover variances and conditional use permit to Orono Municipal Zoning Code <br />Section 78-1288 and Section 78-1286 to allow grading and retaining walls within 75’ of <br />the OHWL of Lake Minnetonka and a hardcover variance for the 0-75’ zone to allow <br />retaining walls, subject to the following conditions: <br />1. Council approval is based on the site plan submitted by the applicants and <br />annotated by City staff, attached to this Resolution as Exhibits A and B. 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. Hardcover in the 0-75’ zone shall not increase above the level of 2,781 s.f. or <br />8.3%. The applicants are advised that this non-conforming hardcover is counted <br />towards the 75’-250’ zone hardcover allowance when determining allowable <br />amount per zone. Hardr jver in the 75’-250’ zone shall be limited to 4,137 s.f. or <br />30.9% per the proposed plan and hardcover allowance summary as depicted on <br />Exhibits A and B. Applicants are advised that any future requests to increase <br />hardcover or change the nature of existing/approved hardcover shall require City <br />approval, and increases in hardcover will not likely be approved without <br />concurrent reduction in existing hardcover. <br />3. Applicants shall remove all plastic or fabric liner material from the decorative <br />landscape beds on the property to ensure their permeability as non-hardcover <br />surfaces. <br />4. Required removals of hardcover shall be completed prior to issuance of a building <br />permit for the retaining walls and no later than July 31,2005. <br />5. The applicants must obtain a building permit for construction of the retaining <br />walls. <br />6. The retaining walls within the 0-75’ setback zone shall be shielded when viewed <br />from the lake by vegetative screening. <br />7. Authorities granted by this resolution run with the property not with the <br />applicants, but are permissive only and must be exercised by obtaining a building <br />Page 3 of 6