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■V <br />COHCLOSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the <br />Orono City Council hereby grants an after-the-fact variance to <br />Municipal Zoning Code Section 10.22 Subd. 1 for a lakeside deck and <br />per Section 10.22 Subd. 2 approves hardcover variances within the 0- <br />75* setback area and the 75-250' setback area that would permit an <br />entry addition, retaining walls and installation of access stairs <br />within the lakeshore protected area and per Section 10.03 Subd. 19 and <br />Section 10.55 Subd. 8 grants a conditional use permit and variance for <br />the installation of retaining walls within the lakeshore protected <br />area. Such approvals are subject to the following *•. drlions: <br />1. All hardcover removals within the 0-75' and 75-250' setback <br />areas are to be completed prior to footing inspections for new <br />construction by the Orono Building Department. Existing <br />hardcover areas scheduled for removal are shown on survey/site <br />plan and attached as Page 6A of this resolution. <br />2. Applicant to file for an after-the-fact/penalty building <br />permit for second story lakeside deck constructed sometime in <br />1982. The City will require penalty fee payment upon issuance of <br />building permit. <br />3. A typical section of retaining wall shall be strengthened by <br />including a lower row of deadman offset from the top row at 8' on <br />center. <br />4. Applicant shall be required to provide erosion control fence <br />between the work areas and the lake. Such erosion control to be <br />established prior to any land alteration. <br />5. Applicant is placed on notice that the upper wall section <br />may channelize water and create further erosion problems. <br />Applicant is responsible for the repair and maintenance cf this <br />retaining wall and any land areas disturbed by further erosion in <br />order to protect quality of run-off into Lake Minnetonka. <br />Page 4 of €