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Tt`:lH RESOLUTION OF THE CITY COUNCIL NO. 6 5. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances 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 Owners, 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 on the above findings, City Council of Orono, Minnesota hereby grants a variance from Orono Municipal Zoning Code 78-1279 to permit construction of an addition with a 26.8' lake setback where 75 feet is required; variances from Section 78-305 allowing a 24.9' setback on the north side and a 21.9' setback on the south where a 30 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 B & C. Any amendments to these plans may require further Planning Commission and City Council review. 2. Hardcover is proposed at 2,985 square feet or 22.3%, however shall not increase above 3,347 square feet or 25% as permitted in Tier 1. Any changes to the plans or the Property which result in an increase in hardcover above the existing or allowed levels are not approved as part of this variance request. 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 building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variances will expire on that date (July 13, 2016). 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 agreeto the terms of this resolution and on behalf of their 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 this 13th day of July, 2015. Page 3 of 4