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, . , �O�V� C ITY OF ORONO RESOLUT'ION OF THE CITY COUNCIL ��1,� tiG~ No. 6421 KESHO� the Applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 6. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generaliy to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Applicants, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a second story addition above the existing home on the property as close as 50.9' feet to the OHWL of Lake Minnetonka where a 75-foot setback is required; subject to the following conditions: 1. Council approval is based on the survey and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A � B. Any amendments to the approved plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. No hardcover variances are granted. Structural coverage fimitations will also be met. 3. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a permit for and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the approvals granted with this Resolution will expire on that date (July 14, 2015). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Appficants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 14th day of Jufy, 2014. Page 3 of 4