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O O <br /> CITY of ORONO <br /> � RESOLUTION OF THE CITY COUNCIL E l4o NO. 4 6 6 1 <br /> pose a fire hazard or other danger to neighboring property; would not merely <br /> serve as a convenience to the applicant, but is necessary to alleviate a <br /> demonstrable hardship or difficulty; is necessary to preserve a substantial <br /> property right of the applicant; and would be in keeping with the spirit and <br /> intent of the Zoning Code and Comprehensive Plan of the City. <br /> 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 applicant and the effect of the proposed variance on the health, safety and <br /> 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, Subdivision 1 and Section 10.56, <br /> Subdivision 16 (C) (6) to permit an addition of two dormer windows constituting an expansion <br /> of the building envelope of the house within the 75' setback to the OHWL of Lake Minnetonka <br /> and an encroachment into the average lakeshore setback; and variances to Section 10.25, <br /> Subdivision 6 (B) to permit replacement of a deck and 3' hand railing above the detached <br /> garage within a required street setback 2' from the front property line where 30' is required and <br /> 6' from the side property line where 10' is required, subject to the following conditions: <br /> 1. Authorities granted by this variance run with the property not with the applicant, <br /> but are permissive only and must be exercised by application for a building <br /> permit within one year of the date of Council approval, or this variance will <br /> expire on that date (June 11, 2002). <br /> 2. Violation of or non-compliance with any of the terms and conditions of this <br /> variance 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 /> 3. The undersigned applicant has read, understand and hereby agrees to the terms <br /> of this resolution and on behalf of himself, his heirs, successors and assigns, <br /> hereby agrees to the recording of this resolution in the Chain of Title of the <br /> property. <br /> Page 3 of 4 <br /> f <br />