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2. The structure which is constructed on the lot shall generally be in accordance with <br />the footprint shown on the survey dated September 9, 1935 but in no event shall <br />such structure be located nearer than 75' to the OHWL of Lake Minnetonka nor <br />shall hardcover exceed the allowable limits. <br />3. A current survey and proposed hardcover calculations be submitted with the <br />building permit application for the new structure. <br />4. Authorities granted by this resolution run with the property not with the <br />applicants, but are permissive only and must be exercised by obtaining a building <br />permit for the new construction within one year of the date of Council approval, <br />or the variance will expire on that date (October 27, 2004). <br />5. 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 misdemeanor. <br />6. The undersigned applicants have read, understand and hereby agree to the terms <br />of this resolution and on behalf of the applicants and the applicants' heirs, <br />successors and assigns, hereby agree to the recording of this resolution in the <br />chain of title of the property. <br />Adopted by the Orono City Council on the 2ih day of October, 2003. <br />ATTEST: <br />Linda S. Vee, City Clerk Barbara A. Peterson, Mayor <br />Property Owner( s) <br />Page 3 of 5