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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 (C) (2) to permit <br />construction of a new residence on the lot encroaching 20' into the top of bluff setback. Section <br />10.22, Subdivision 1 (B) to permit the garage and residence to encroach into the average <br />lakeshore setback; and denies variances to Section 10.09, Subdivision 9 (A) to permit an <br />accessory structure to remain on the lot without principal structure. Section 10.22, Subdivision <br />1 (A) to permit a garage to remain within 75' of the lakeshore. Section 10.22, Subdivision 1 <br />(B) and Section 10.56, Subdivision 16 (L) (1) to permit 1,236 s.f. (4.01%) hardcover to permit <br />the existing garage and driveway to remain in the 0-75' lakeshore setback, where no hardcover <br />is allowed based on the following conditions: <br />1. <br />3. <br />4. <br />5. <br />A compliant sewage disposal system is located on the property or property is <br />allowed to connect to sanitary sewer prior to building permit being issued for <br />principal residence. <br />Garage is removed or placed behind the 75' lakeshore setback. <br />Sanitary sewer plans are reviewed and approved by the City Engineer and <br />Director of Public Services prior to building permit. <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 (September 27, 2000). <br />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 />Page 4 of 5 <br />I