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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 Section 10.24 Subdivision 5B to allow construction of <br />a new residence to replace a pre-existing residence on a lot containing 0.66 acres in area in the LR- <br />1B Zoning District where a 1.0 acre minimum lot area is required; and a variance to Sections 10.22 <br />Subd. 2,10.55 Subd.Sand 10.56 Subd. 16(L)(1&2) to allow 683 s.f. (5.7%) hardcover in the 0-75' <br />lakeshore zone where no hardcover is normally allowed, and to allow 4,690 s.f. (28.2%) hardcover <br />in the 75-250’ lakeshore zone where only 25% hardcover is normally allowed; and a vanance to <br />Section 10.56 Subd. 16(C)(2&3) to allow the proposed house to encroach 4' into the required 30' <br />bluff setback, and a deck to encroach 15' into the 30' bluff setback and 5' into the 20' bluff impact <br />zone; and a variance to Sections 10.22, Subd. 1(B) and 10.56 Subd. 16(CX6) to allow a 12' <br />encroachment of the average lakeshore setback for the house; and a variance to Section 10.03, Subd. <br />9(A) to allow the accessory structure (detached garage) to remain without a principal structure during <br />construction; subject to the following conditions: <br />1. Council approval is based on the site plan submitted by the applicant and annotated by City <br />staff, attached to this Resolution as Exhibit A. Any changes from the approved site plan <br />which are not in conformity with this approval or City requirements will require further <br />Planning Commission and City Council review. <br />2. Hardcover on the property shall not exceed the limits as noted in this resolution. Applicant <br />is advised that any future proposals for additional hardcover on the property will likely not <br />be approved, but might be approved only in conjunction with concurrent hardcover removals <br />to result in no net hardcover increase on the property. All hardcover removals required to <br />meet the terms of this resolution shall be completed prior to issuance of a Certificate of <br />Occupancy for the new residence. <br />3. 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 (August 11,2004). <br />4. 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 />herein, and shall be punishable as a misdemeanor. <br />Page 4 of?