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CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council hereby <br />grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to <br />allow 36.3% hardcover in the 75-250' lakeshore setback zone where only 25% <br />hardcover is normally allowed, and grants a variance to Section 10.24, <br />Subdivision 5 (B) to allow a side yard setback for the proposed three- <br />season porch of 9.9', where a 10 1 side setback is normally required, <br />subject to the following conditions: <br />1. Hardcover in the 75-250' zone is approved at a level of <br />36.3%. All existing and proposed hardcover approved with <br />this variance approval is recorded in the calculation <br />worksheet and diagram enclosed with this resolution as page <br />3. The current property owner and all future owners of this <br />property are placed on notice that hardcover shal 1 not be <br />increased above the currently approved level and any <br />proposed improvements of this property that would result in <br />additional hardcover must be approved by the City. Such <br />approval may result in a requirement for concurrent <br />equivalent or greater removals of existing hardcover. All <br />existing hardcover scheduled for removal as a condition of <br />this resolution must be removed prior to the f coting <br />inspection for the new construction. <br />2. Authorities granted by this variance run with the property <br />not with the applicant, but are permissive only and must be <br />exercised by app 1 i cation for a building permit within one <br />year of the date of Council approval, or this variance will <br />expire on that date (November 25, 1992). <br />3. 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 />4. The undersigned applicant has read, understood and hereby <br />agrees to the terms of this resolution and on behalf of <br />himself, his heirs, successors and assigns, hereby agrees to <br />the recording of this resolution in the chain of title of <br />the property. <br />Page 4 of 6