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5.The 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 AM) CONDITIONS <br />Ba.sed upon one or more of the above findings, the Orono City Council hereby <br />grants variances for lot area, lot width, side yards, lakeshore and average lakeshore setbacks <br />and hardcover in the 0-75' setback area and grants a conditional use permit for excavation/fill <br />in the 0-75' setback and floodway/flood fringe area per Municipal Zoning Code Section 10.24, <br />Subdivision 5, Section 10.22, Subdivision 1 (B) and Subdivision 2, Section 10.56, Subdivision <br />16 (C-6) and Section 10.55, Subdivision 4 (B) and Subdivision 7 to permit removal of an <br />existing residence and construction of a new residence, subject to the following conditions: <br />1.Applicant's architect to provide large scale drawing showing grading, elevations <br />and setbacks. <br />4. <br />A permit will be obtained from the Minnehaha Creek Watershed District. <br />Authorities granted by this variance run with the property not w’ith the <br />applicants, but are permissive only and must be exercised by application for a <br />building permit witliin one year of the date of Council approval, or this variance <br />will expire on that date (May 28, 1998). <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 />5.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 3 of 5