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5 The City Council has considered this application includiiig 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 and <br />welfare of the community. <br />CONCLUSIONS. ORDER AND CONDITIONS <br />Ba^ed upon one or mote of the above findings, the Orono City Council hereby <br />grants a variance to Municipal Zoning Code Section 10.22. Subdivision I (B) to permit the <br />reconstruction of a b-T privacy fence located approximately 5 ’ from the shoreline of Lake <br />Minnetonka, subject to the following conditions: <br />1 Applicants shall complete the application for a building permit the <br />reconstruction of the fence by Monday, February 13th. Such permit shall be <br />subject to a penalty fee. <br />2. Authorities granted by this variance run with the property not with the applicants, <br />but are permissive only. <br />3 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 misdemeanor. <br />4 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 assigns, <br />hereby agree to the recording of this resolution in the chain of title of the <br />property. <br />Page 3 of 5