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CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council heid^ grants variances <br />to Municipal Zoning Code Sections 10.22, Subdivision 1; Section 10.55, Subdivision 8; Section <br />10.56, Subdivision 16 (C) to allow replacement of a deck and railing located lakeward of the <br />average lakeshore setback line and less than 75’ from the shoreline; and a variance to Section <br />10.25, Subdivbion 6 (B) to allow such deck and railing to be repla^ at a location 7.3’ from <br />the side lot line where a 10’ side setback » normally required, subject to the following <br />conditions: <br />1 Applicm’s contractor shall obtain a builditv permit and pay the standard penalty <br />fee for work staning without a permit, prior to continuing work on the deck. <br />Authorkies granted by this variance run with the property not with the applicant, <br />but are permissive only and must be exercised by application for a building <br />permit within one year of the date of Council approval, or this variance will <br />expire on that date (September 26, 1995). <br />Violation of or non-coiiq>liance with aiqr of the terms and condttions of this <br />resolution shall constitute a violation of the zonii^ code, shall automatically <br />terminate any authority granted herein, and shall be punishable as a misdemeanor. <br />The undersigned applicant has read, understood and hereby agrees to the terms <br />of this resolution a^ on behalf of himself, his heirs, successors atal assigns, <br />hereby agrees to the recording of this resolution in the chain of title of the <br />property. <br />Page 3 of 5