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CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit <br />construction of a new residence on a property that does not meet the required lot width and <br />grants a variance of 65.11’ to allow the lot width to remain 74.89' at the OHWL and 83 ’ at the <br />75' lakeshore setback where 140' is required to allow the construction of a new residence on <br />the property subject to the following conditions, subject to the following conditions: <br />1. <br />2. <br />4. <br />Prior to the City issuing a Certificate of Occupancy for the new principal <br />structure, the applicants contractor shall be responsible for removing all heating <br />and plumbing facilities within former residence structure to be converted to an <br />accessory structure. A restrictive covenant that will run with the property <br />(Attachment A) must be signed by the applicant restricting the use of the current <br />principal structure as living space. <br />Authorities granted by this resolution 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 (January 26, 1999). <br />Violation of or non-compliance with any of the terms and conditions of this <br />variance 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 />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 Chain of Title of <br />the property.