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CONCLUSIONS, ORDER AND CON’’ TIONS <br />Based upon one or more of the above findings, the Orono City <br />Council hereby grants variances to Municipal Zoning Code Section <br />10.22, Subdivision 1 (B) and Section 10.22, Subdivision 2 to permit <br />the installation of accessory structures in front of the average <br />setback line and to permit a 3*x4' pump house to remain within the 0- <br />75' setback area, subject to the following conditions: <br />1. <br />2. <br />3. <br />4. <br />5. <br />6. <br />Applicant shall provide an updated survey upon application <br />for a building permit for pool and patio area locating the <br />proposed improvements on the survey. Survey should also <br />include the relocated shed that is currently located within <br />a utility easement within the lakeshore yard. <br />Applicant shall remove 636 s.f. of landscape area underlain <br />with plastic adjacent to channel and applicant is further <br />advised that there shall be no use of plastic underliners in <br />landscape areas within the 0-75' setback zone except for <br />those areas within the drainage swale where such use has <br />been required and approved by the City. <br />Applicant shall obtain a penalty building permit for storage <br />shed and lockbox structure. The storage shed must be <br />located out of utility easement area. <br />The applicant and all future owners are hereb* placed on <br />notice that all structures to be located in la^.eshore yard <br />of this property shall require an average lakeshore setback <br />variance. <br />Authorities granted by this resolution run with the property <br />not with the applicant, but are permissive only and must be <br />exercised by application for a building permit within one <br />year of the date of Council approval, or this variance will <br />expire on that date (August 24, 1993). <br />Violation of or non-compliance with any of the terms and <br />conditions of this variance shall constitute a violation of <br />the zoning code, shall automatically terminate any authority <br />granted herein, and shall be punishable as a misdemeanor. <br />Page 3 of 5 <br />' <br />I <br />♦ 'V ■*#