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> t <br />'■f <br />CONCLUSIONS, ORDER, AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby grants a <br />variance to Municipal Zoning Code Section 10.22, Subdivision 1 (A) to allow a second story <br />addition on the existing residence where a portion of it lies within 75 ’ of the OHWL of Lake <br />Minnetonka and Section 10.22, Subdivision 1(B) and Section 10.56, Subdivision 16(C)(6) to allow <br />the second story addition to encroach 70 ’ into the average lakeshore setback. Approval is subject to <br />the following conditions: <br />1.Council approval is based on the site plan submitted by the applicants attached to this <br />resolution as Exhibit A. Any amendments to the site plan may require further <br />Planning Commission and City Council review. <br />2.Authorities granted by this variance run with the property not with the applicants, <br />but are permissive only and must be exercised by application for a building permit <br />within one year of the date of Council approval, or these variances will expire on that <br />date (October 9,2001). <br />3.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 terminate <br />any authority granted herein, and shall be punishable as a misdemeanor. <br />4.The undersigned applicants have read, understood and hereby agree to the terms of <br />this resolution and on behalf of themselves, their heirs, successors and assigns, <br />hereby agree to the recording of this resolution in the Chain of Title of the property. <br />Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on <br />the 9th day of October, 2000. <br />ATTEST: <br />Linda S. Vee, City Clerk Gabriel Jabbo'T, Mayor <br />Property Owner (s) <br />Page 3 of 5 <br />•i