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CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above flndings, the Orono City Council hereby grants <br />a variance to Orono Municipal Zoning Code Sections 78-350(B), 78-282, and 78-1288 to allow <br />construction of a residence on a lot of 0.1 S acres in area and 50* width where O.S acres in area and <br />100' width is required; to allow a building encroachment of the side street yard of 2.5' and a similar <br />portico entrance encroachment of 2'; and to allow hardcover of 1,838 s.f. or 28.3% in the 75-250' <br />zone where only 25% hardcover is normally allowed, subject to the following conditions: <br />1 . Council approval is based on the revised site plan submitted by the applicants dated 10-20-03 <br />and as annotated by City staff, attached to this Resolution as E.xhibit A. Any amendments <br />to the site plan which are not in conformity with City codes will require further Planning <br />Conunission and City Council review. <br />2. Hardcover removals as noted on Exhibit A (shed) shall be completed prior to the footing <br />inspection for the new residence. Hardcover in the 75-250' zone shall not henceforth exceed <br />1,838 s.f. as indicated on Exhibit A. Applicants arc advised that any future proposals for <br />additional hardcover on the property will likely not be approved, but might oc approved only <br />in conjunction with concurrent hardcover removals to result in no net hardcover increase on <br />the property. <br />3. The deck on the lakeside of the house shall not be enclosed and shall not extend above the <br />first floor level, except that a standard railing may be constructed for said deck. The deck <br />shall not exceed 120 s.f. in footprint area but may be configured in a shape of applicant ’s <br />choosing as long as it meets all required principal structure setbacks of the LR-IC district. <br />4. The applicant is advised that the property does not abut the shoreline of Lake Minnetonka <br />and is not considered as riparian by the City of Orono. <br />5. Authorities granted by this resolution run with the property not with the app. ':ants, but are <br />permissive only and must be exercised by obtaining a building permit for the new <br />construction w ithin one year cf the date of Council approval, or the variance will expire on <br />that date (October 27,2004). <br />6. 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 3 of 6