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CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council hereby grants a variance <br />to Municipal Zoning Code Section 10.28, Subdivision 5(B) to allow a 5' side setback where <br />a 30' side setback is normally required, and grants variances to Section 10.22, Subdivision 1 <br />and Section 10.56, Subdivision 16(C-6) to allow a 75' encroachment of the average lakeshore <br />setback where no encroachment is normally allowed, and grants a variance to Section 10.56, <br />Subdivision 16 (C) to allow a 140' setback from the OlIWL of Lake Classen where a 150' <br />setback is normally required, subject to the following conditions: <br />1. Applicants shall adhere to the proposed plans submitted with Application #2145. <br />2.The existing detached garage structure shall be removed prior to final inspection <br />of the new^ additions. <br />3.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 e.xpire on that date (June 24, 1997). <br />4.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 />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 4 of 6