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5. 11ic City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City staff, comments <br />by the applicants and the effect of the proposed variance on the health, safety <br />and welfare of the community. <br />CONCLUSIONS* ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />t^'ants a variance to Municipal Zoning Code Section 1 0.03, Subdivision 1 5 to permit a 6' <br />privacy fence to be constructed within the 50 ’ side yard adjacent to the street setback where <br />a 3 Vi fence is permitted, subject to the following conditions: <br />1. No portion of the fence shall encroach into the Minnetonka Avenue right of <br />way. <br />2. The fence shall be constnicted with the finished side of the fence (the finished <br />side is the side of the fence without structural supports) towards the right of <br />way. <br />3. Authorities granted by this variance run with the property not with the <br />applicants, but are permissive only and must be exercised by application for a <br />building permit within one year of the date of Council approval, or this variance <br />will e.vpire on that date (September 24, 2002). <br />4. 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 />lerminale any authority granted herein, and shall be punishable as a <br />misdemeanor. <br />The undersigned applicants have read, understand and hereby agree to the terms <br />of this resolution and on behalf of themselves, their heiis, successors and <br />assigns, hereby agree to the recording of this resolution in the Chain of Title of <br />the property. <br />Page 3 of 5