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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 variances 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 10.23, Subdivision 6 (B) and Section 10.56, <br />Subdivision 16 (C) 2, (J) (L) and Section 10.03, Subdivision 19-21 to permit an addition on <br />the street side of the residence to be located 25' from the street where 31.8' is existing and 50' <br />is required; to allow a lakeside upper deck and stairway to be located 36' from the shoreline <br />where 49' is existing and 75' is required; to allow 1,467 sq, ft. (7.10%) hardcover in the 0-75' <br />setback where 1,223 sq. ft. (6.0%) is existing and where none is allowed; to allow a net <br />increase of 15 cubic yards of cut/fill within the required top of bluff setback and lakeshore <br />setback where no alternation is allowed to raise the existing residence 4' above the existing <br />grade to construct a walkout basement. Approval was subject to the following conditions: <br />1. <br />2. <br />J. <br />4. <br />The applicant is to provide the City with an erosion control plan prior to <br />issuance of a building permit. <br />The applicant and future owners are advised that future requests for hardcover <br />increases will not be viewed favorably. <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 (November 23, 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 />Page 3 of 5