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5. The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City staff, comments <br />by the applicants and the effect of the proposed variance on the health, safety <br />and welfare of the community. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2; Section <br />10.55, Subdivision 8; and Section 10.56, Subdivision 16 (C & L) to permit the construction <br />of a deck within the same footprint as the existing deck and grants a 17' or 22.6% lakeshore <br />setback variance and hardcover variance within the 0-75' setback area of 4.04%, subject to the <br />following conditions: <br />1. Applicants shall remove landscape area underlain with plastic at 660 s.f. in area <br />located within the County right-of-way as shown on Page 7 of this resolution. <br />2. Applicants are advised that if they plan to install a 1' high berm within the <br />County right-of-way that such improvement plans will require approval and a <br />permit from the Hennepin County Department of Transportation. <br />3. Authorities granted by this variance run with the property not with the <br />applicants, but are permissive only and must be exercised by application for a <br />building permit within one year of the date of Council approval, or this variance <br />will expire on that date (March 25, 1997). <br />4. Violation of or non-compliance with any of the terms and conditions of this <br />resolution shall constitute a violation of the zoning code, shall automatically <br />terminate any authority granted herein, and shall be punishable as a <br />misdemeanor. <br />Page 3 of 7