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CONCLUSIONS, ORDER, AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby grants after- <br />the-fact variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) and Section 10.03, <br />Subdivision IS (A) to allow encroachment of a new single family residence to be located 6" (0.5*) <br />into the side yard setback resulting in a 9.S’ setback where 10’ is required in the LR-IB zoning <br />district; and to allow said new residence to have eaves of 3' where 1 W is allowed. Approval is <br />subject to the following conditions; <br />1.The location of the newly constructed residence is approved as shoNMi on the survey <br />attached to this resolution as Exhibit A. <br />2.Authorities granted by these after-the-fact variances run with the property not with <br />the applicants, but are permissive only and must be exercised by application for a <br />building permit within one year of the date of Council approval, or these variances <br />will expire on that date (March 10.2004). <br />3.Violation of or non-compliance with any of the terms and conditions of this variance <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 />4.The undersigned applicants have read, understood and hereby agree to the terms of <br />this resolution and on behalf of themselves, their heirs, successors and assigns, <br />hereby agree to the recording of this resolution in the Chain of Title of the property. <br />Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the <br />10th day of March, 2003. <br />ATTEST: <br />Linda S. Vee, City Clerk Barbara A. Peterson, Mayor <br />Property Owner (s) <br />Page 3 of 6 <br />{