03-23-1998 Council Packet - Laserfiche WebLink

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CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 14(C), Section 10.22, Subdivisions 1(A) and 2 and Section 10.56, Subdivision 16(C6) allowing a hardcover variance of 4.2% in the O' to 75' lakeshore setback where none is allowed and 9.3% is existing, a hardcover variance of 30% in the 75; to 250' lakeshore setback allowing 55% hardcover where 25% is allowed and 55.4% is existing, a structural coverage variance of 4.7% to allow 19.7% structural coverage where 15% is allowed and 21.3% is existing, an average lakeshore setback vrr .aiice allowing 41' encroachment where none is allowed and 49' is existing and a lakeshore setback variance of 13' to allov, the deck to be located 62' from the OHWL where 75 is required and 53' is existing to allow the construction of a new second level deck and stairs and walkway and the replacement of a main level deck and porch enclosure below. Approval was subject to the following conditions: 1. The illegally built deck nearest the lakeshore as shown on Exhibit B must be removed prior to issuance of a building permit. 2. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (March 23, 1999). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 23rd day of March, 1998. Page 3 of 7