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CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants variances to Orono Municipal Zoning Code Sections 78-1279 and 78-568 to allow <br />construction of a new cabin w ith a footprint w hich replicates that of the footprint shown <br />on the survey dated September 9, 1935, subject to the following conditions: <br />1. <br />2. <br />5 <br />Council approval is based on the site plan submitted by the applicants and <br />annotated by City staff, attached to this Resolution as Exhibit A. Any <br />amendments to the site plan which are not in conformity with City codes will <br />require further Planning Commission and City Council review. <br />The structure which is constructed on the lot shall generally be in accordance w ith <br />the footprint shown on the survey dated September 9. 1935 but in no event shall <br />such structure be located nearer than 75’ to the OHWL of Lake Minnetonka nor <br />shall hardcover exceed the allowable limits. <br />A current survey and proposed hardcover calculations be submitted with the <br />building permit application for the new structure. <br />Authorities granted by this resolution run with the property not with the <br />applicants, but are permissive only and must be exercised by obtaining a building <br />permit for the new construction within one year of the date of Council approval, <br />or the variance will expire on that date (October 27,2004). <br />Violation of or non-compliance with any of the terms and conditions of this <br />resolution shall constitute a violation of the zoning code, shall automatically <br />terminate any authority granted herein, and shall be punishable as a misdemeanoi. <br />The undersigned applicants have read, understand and hereby agree to the terms <br />of this resolution and on behalf of the applicants and the applicants' heirs, <br />successors and assigns, hereby agrees to the recording of this resolution in the <br />chain of title of the property. <br />Page 3 of6 <br />I I i