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CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings , the Orono City Council hereby grants the following: a variance to Orono Municipal Zoning Code Section 78-305 (8) to allow redevelopment of 3382 Bayside Road which consists of four separate tax parcels totaling 34 ,400 square feet in area where 87 ,120 square feet in area is required ; a variance from Section 78-305 (B) allowing structure 48 ' from Crestview Avenue where a 50' setback is normall y required and 11' from the north side lot line where a 30 ' setback is normally required; a variance to Section 78-1279 (1) to allow the home 60' from the OHWL of Stubbs Bay Creek where a 75 ' setback is normally required; a variance from Section 78-1288 to allow 6.57% hardcover within the 0-75 ' creek setback where 0% is normally allowed and to allow 33.3% hardcover within the 75'-250' setback from the creek where 25% hardcover is normally allowed ; and a conditional use permit pursuant to Section 78-966 to conduct grading to stabilize the creek bank within 75 ' of the OHWL of Stubbs Bay Creek where grading is typically not permitted in order to allow construction of a new home on the property and the installation of a footbridge crossing the creek, subject to the following conditions: 1. Council approval is based on the survey , landscape plan and building plans (hereinafter "the Plans") submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A, B and C. Any amendments to the Plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75 ' zone shall not increase above the level of 1,357 s.f. or 6.57%. Hardcover in the 75-250 ' zone shall be limited to 4 ,995 s.f. or 36 .33% per the proposed plan and hardcover allowance summary as depicted on Exhibit D. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval , and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. The Applicants should provide evidence that the proposed footbridge has been approved/permitted by the Minnehaha Creek Watershed District, the Minnesota Department of Natural Resources and/or Army Corps of Engineers if necessary. 4. The decking on the proposed footbridge shall be no less than 50% permeable. 5. The following tax parcels shall be combined into one tax parcel prior to the issuance of a building permit for the Property: 05-117-23-14-0034, 05-117-23-14-0035 , 05-117-23-14- 0036 and 05-117-23-14-0037. Page 4 of 7