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M <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the <br />Orono City Council hereby grants a variance to Municipal Zoning <br />Code Section 10.22, Subdivision 1 and Section 10.55, Subdivision <br />8 to allow the construction of a new home located partially <br />within the 0-75' lakeshore setback area where no structures are <br />allowed, and grants a variance to Section 10.22, Subdivision 2 to <br />allow a total of 2,960 square feet of hardcover or 15.8% it the <br />0-75' setback zone at the building site, where no hardcover is <br />allowed and to allow 3,380 square feet of hardcover or. 30.0% in <br />the 75-250' lakeshore setback zone at the building site, where <br />only 25% hardcover is normally allowed, and grants a variance to <br />Section 10.22, Subdivision 1, to allow encroachment of the <br />average lakeshore setback from the lagoon (or north) side of the <br />building site, subject to the following conditions: <br />1. All drainage from the proposed house must be directed <br />toward the lagoon to gain the maximum possible infiltration <br />time and distrance. <br />2. A side grading plan must b , submitted for staff approval �..� <br />prior to issuance of a building permit. <br />3. Applicant is placed on notice that future additions of <br />hardcover at the building site will not automatically be <br />approved and would likely be subject to removal of <br />equivalent amounts of existing hardcover. <br />4. Lowest floor elevation must b% 932.5 MSL or higher. <br />5. Authorities granted by this resolution run with the <br />property not with the applicant, but are permissive only and <br />must be exercised by application for a building permit <br />within one year of the date of Council approval, or this <br />variance will expire on that date (September 25, 1990). <br />6. Violation of or non-compliance with any of the terms and <br />conditions of this variance shall constitute a violation of <br />the zoning code, shall automatically terminate any authority <br />granted herein, and shall be punishable as a misdemeanor. <br />7. The undersigned applicant has read, understood and <br />hereby agrees to the terms of this resolution and on behalf <br />of himself, his heirs, successors and assigns, hereby agrees <br />to the recording of this resolution in the chain of title of <br />the property. <br />Page 4 of 6 <br />