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CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby grants <br />a variance to Orono Municipal Zoning Code Sections 10.22, Subdivision 1(B) and Section 10.56 <br />Subdivision 1 6(B)(6) to allow construction of a new 2"^ story porch to encroach 8’ into the average <br />lakeshore setback; and a variance to Sections 10.25 Subdivision 6(B) to allow an eave to extend 3.5 ’ <br />into the required 10’ side yard setback where only a 1.5 ’ eave is normally allowed as a non ­ <br />encroachment based on the following conditions: <br />1. 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 which are not in conformity with <br />City codes or which extend beyond the scope of this approval will require further Planning <br />Commission and City Council review. <br />2. Authorities granted by this resolution run with the property not with the applicants, but are <br />permissive only and must be exercised by obtaining a building permit for the new <br />construction within one year of the date of Council approval, or the variance will expire on <br />that date (July 28,2004). <br />3. Violation of or non-compliance with any of the terms and conditions of this resolution shall <br />constitute a violation of the zoning code, shall automatically terminate any authority granted <br />heroin, and shall be punishable as a misdemeanor. <br />4. The undersigned applicants have read, understood and hereby agree to the terms of this <br />resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, <br />hereby agree to the recording of this resolution in the chain of title of the propeny. <br />Adopted by the Orono City Council on this 28th day of July, 2003. <br />ATTEST: <br />Linda S. Vee, City Clerk Barbara A. Peterson, Mayor <br />Property Owner(s) <br />ii—an i