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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 10.56, Subdivision 16 (L) (1) and Section <br />10.55, Subdivision 8 to permit construction of a replacement deck within 75’ of a protected <br />tributary constituting 170 s.f. of hardcover within the 75’ setback where no hardcover is <br />normally allowed subject to the following conditions: <br />1.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 <br />a building permit within one year of the date of Council approval, or this <br />variance will expire on that date (October 23, 2(X)1). <br />2.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 />terminate any authority granted herein, and shall be punishable as a <br />misdemeanor. <br />3.The undersigned applicant has read, understands and hereby agrees to the <br />terms of this resolution and on behalf of himself, his heirs, successors and <br />assigns, hereby agrees to the recording of this resolution in the Chain of Title <br />of the property. <br />Adopted by the City Council of the City of Orono, Minnesota at a regular <br />meeting held on the 23rd day of October, 2(XX). <br />ATTEST: <br />Linda S. Vee, City Clerk Gabriel Jabbour, Mayor <br />Property Owner <br />Page 3 of 4