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CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Qrono City Council hereby grants after-the <br />fact variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.55, <br />Subdivision 8 to permit the construction of a second-story deck within 75' of the OHWL of <br />Lake Minnetonka where no structure is normally allowed; a variance to Section 10.03, <br />Subdivision 14(C) for lot coverage by structures of 1650 s.f., in excess of the 1500 s.f. <br />normally allowed; a variance to Section 10.56 Subdivision 16(CK6) to permit a 5' encroachment <br />of the average lakeshore setback; and a variance to Section 10.22, Subdivision 2 and Section <br />10.56, Subdivision 16(L)(1) to permit 2,115 s.f. (26.4%) of hardcover within the 75' lakeshore <br />setback where only 2,079 s.f. (26%) of hardcover had pieviously been approved, subject to the <br />following conditions; <br />1. <br />2. <br />3. <br />4. <br />This approval is for the second story deck as constructed, and the first story <br />deck, stoop and stairways as constructed and as depicted in photographs dated <br />10-21-02 and located within zoning file #03-2880. <br />Authorities granted by this variance run witli the property not with the applicant, <br />but are permissive only and must be exercised by application for an after-the-fact <br />building permit within one year of the date of Council tqiproval, or this variance <br />will expire on that date (May 12, 2004). <br />Violation of or non-compliance with any of the terms and conditions of this <br />variance shall constitute a violation of the zoning code, shall automatically <br />terminate any authority granted herein, and shall be punishable as a <br />misdemeanor. <br />The undersigned owners have read, understand and hereby agree to the terms of <br />this resolution and on behalf of themselves, their heirs, successors and <br />hereby agree to the recording of this resolution in the Chain of Title of the <br />property. <br />Page 4 of 6