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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 Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.56, <br />Subdivisions 16 (C) (6) to permit conversion of second and third level lakeside decks into a <br />three season porch and master bedroom addition which encroaches 78' into the average <br />lakeshore setback. <br />1. <br />2. <br />3. <br />4. <br />5. <br />Council approval is based on the site plan submitted by the applicants attached <br />to this resolution as Exhibit B. Any amendments to the side plan may require <br />further Planning Commission and City Council review. <br />Applicants are advised that the proposed enclosure of existing decks and <br />resultant loss of open deck area will not be considered as a justification for any <br />future variance request to add new decks. <br />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 expire on that date (February 14, 2001). <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 <br />misdemeanor. <br />The undersigned applicants have read, understood and hereby agree to the terms <br />of this resolution and on behalf of themselves, their heirs, successors and <br />assigns, hereby agree to the recording of this resolution in the chain of title of <br />the property. <br />Page 4 of 7