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• ctv () • O O t_4444e- CITYofORONO A� + ti G RESOLUTION OF THE CITY COUNCIL Ski l`gkESgO�� NO. 5 0 'Pr CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 78-350(B), 78-282, and 78-1288 to allow construction of a residence on a lot of 0.15 acres in area and 50'width where 0.5 acres in area and 100'width is required; to allow a building encroachment of the side street yard of 2.5' and a similar portico entrance encroachment of 2'; and to allow hardcover of 1,838 s.f. or 28.3% in the 75-250' zone where only 25% hardcover is normally allowed, subject to the following conditions: 1. Council approval is based on the revised site plan submitted by the applicant dated 10-20-03 and as annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover removals as noted on Exhibit A (shed) shall be completed prior to the footing inspection for the new residence. Hardcover in the 75-250'zone shall not henceforth exceed 1,838 s.f. as indicated on Exhibit A. Applicant is advised that any future proposals for additional hardcover on the property will likely not be approved,but might be approved only in conjunction with concurrent hardcover removals to result in no net hardcover increase on the property. 3. The deck on the lakeside of the house shall not be enclosed and shall not extend above the first floor level, except that a standard railing may be constructed for said deck. The deck shall not exceed 120 s.f. in footprint area but may be configured in a shape of applicant's choosing as long as it meets all required principal structure setbacks of the LR-1C district. 4. The applicant is advised that the property does not abut the shoreline of Lake Minnetonka and is not considered as riparian by the City of Orono. 5. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (October 27, 2004). 6. 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. Page 3 of 6