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6. The City Council has considered this application including 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 <br />and welfare of the community. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2, Section 10.03, <br />Subdivision 9 (E), and Section 10.56, Subdivision 16 (C) to permit after-thc-fact variances for <br />a deck, pool and shed to remain after being damaged by storm in July 1997 and replaced <br />where variances for average lakeshore setback are required for the deck and pool, where a side <br />yard setback variance of 30' is required for the oversized deck and pool, where a side yard <br />variance is required to allow the shed to remain 3' from the property line where 10' is requir'jd, <br />to allow a structural coverage variance to allow 4,606 sq. ft. (17.5%) lot coverage where <br />3,939.15 sq. ft. is allowed. Approval was subject to the following conditions: <br />1. <br />3. <br />No further hardcover improvements other than a future stairway to the lakeshore <br />that complies with the zoning code. <br />Authorities granted by this variance run with the property not with the <br />applicants, but are permissive only and must be exercised by application for a <br />building permit within one year of the date of Council approval, or this variance <br />will expire on that date (June 8, 1999). <br />Violation of or non-compliance with any of the terms and conditions of this <br />resolution shall constitute a violation of the zoning code, shall automatically <br />terminate any authority granted herein, and shall be punishable as a <br />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 <br />assigns, hereby agree to the recording of this resolution in the ehain of title of <br />the property. <br />Page 3 of 6