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O O <br /> CITY of ORONO <br /> RESOLUTION OF THE CITY COUNCIL <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 10.55, <br /> Subdivision 8 to permit 1,500 s.f. of structure within the 75' protected lakeshore setback to <br /> Lake Minnetonka where no structure is permitted, and Section 10.22, Subdivision 2 and <br /> Section 10.56, Subdivision 16 (L) (1) to permit 2,079 s.f. (26%) of hardcover within the <br /> 75' lakeshore setback where no hardcover is allowed subject to the following conditions: <br /> 1. Applicant shall apply for a demolition permit and remove all existing <br /> structures and hardcover prior to issuance of a building permit for a new <br /> structure. <br /> 2. Applicant shall provide 3 original copies of a revised survey showing the <br /> building plan and all proposed hardcover. Such site plan/survey shall be in <br /> substantial conformance with the attached approved site plan attached hereto <br /> as Exhibit B. <br /> 3. The surveys shall also indicate the lowest floor elevation for the new residence <br /> to determine the house will be located 3' above the OHWL (929.4'). No land <br /> alteration can occur below the defined flood elevation of 931.5'. <br /> 4. Authorities granted by this variance run with the property not with the <br /> applicant, 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 <br /> variance will expire on that date (December 11, 2001). <br /> 5. 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 /> 6. The undersigned applicant has read, understands and hereby agrees to the <br /> terms of this resolution and on behalf of himself, his heirs, successors and <br /> assigns, hereby agrees to the recording of this resolution in the Chain of Title <br /> of the property. <br /> Page 3 of 6 <br />