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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 applicant and the effect of the proposed variance on the health, safety and <br />welfare of the community. <br />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 10.22, Subdivision 1 (B) approving an <br />average lakeshore setback variance of 4 ’ and a hardcover variance 403.7 s.f or 1.7% with total <br />hardcover at 6,147 s.f. or 26.7%. This approval is subject to the following conditions; <br />1.Applicant shall complete all hardcover removals as shown on site plan attached <br />to this resolution as page 6. Hardcover removals consist of 48 s f of concrete <br />pad and 550 s.f of landscape area with underliner. All hardcover removals to <br />be completed prior to the footing inspection for the new construction by the <br />Orono Building Department. <br />2.Authorities granted by this resolution run with the property not with the <br />applicant, 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 23, 1997). <br />3.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 />4.The undersigned applicant has read, understood and hereby agrees to the terms <br />of this resolution and on behalf of himself his heirs, successors and assigns, <br />hereby agrees to the recording of this resolution in the chain of title of the <br />property. <br />Page 3 of 6 <br />- ■