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r Ir^ INβ€” <br />CONCLUSIONS, ORDER, AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby grants <br />variances to Municipal 2k)ning Code Section 10.22, Subdivision 2 and Section 10.56, <br />Subdivision 16 (L) to permit 4,277 s.f. (34%) hardcover in the 75-250 ’ lakeshorc setback, <br />where 4,277 s f (34.%) exists and 3,137.5 s.f. (25%) is allowed; and a variance to Section <br />10.24, Sub»jiv ijion 5 (B) to permit a deck to be 23 ’ from the rear lot line where 30 ’ is <br />required in the LR-IB zoning district, subject to the following conditions: <br />I.Council approval is based on the site plan submitted by the applicant attached to this <br />resolution as Exhibit A. Any amendments to the site plan may require further <br />Planning Commission and City Council review. <br />2.The following hardcover shall be removed from the property prior to final inspection <br />of the deck (indicated on Exhibit A): <br />Entire lower patio (42 s.f.), portion of the driveway (111.2 s.f.), and brick pavers (63 <br />s.f.) walk turned to wood chip pathway. <br />3.Authorities granted by the variances run with the property not with the applicants, but <br />are permissive only and must be exercised by application for a building permit within <br />one year of the date of Council approval, or these variances will expire on that date <br />(January 27, 2004). <br />4.Violation of or non-compliance with any of the terms and conditions of the variances <br />shall constitute a violation of the zoning code, shall automatically terminate any <br />authority granted herein, and shall be punishable as a misdemeanor. <br />5.The undersigned owners have read, understand and hereby agree to the terms of this <br />resolution and on behalf of themselves, their heirs, successors and assigns, hereby <br />agree to the recording of this resolution in the Chain of Title of the property. <br />Adopted by the City Council of the City of Orono, Minnesota at a regular meeting <br />held on the 27''* day of January, 2003. <br />Page 3 of 6 <br />5