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the defined average lakeshore setback line where no such encroachment is normally allowed, <br />subject to the following conditions: <br />1. Council approval is based on the survey and site plans submitted by the Applicants and <br />annotated by City staff, attached to this Resolution as Exhibit B. Hardcover on the <br />property shall not exceed 25%. Any amendments to the approved survey or site plan <br />which are not in conformity with City codes will require further Planning Commission <br />and City Council review. <br />2. Applicants shall comply with the permitting requirements of the Minnehaha Creek <br />Watershed District. <br />3. Authorities granted by this resolution run with the Property not with the Owners, but are <br />permissive only and must be exercised by obtaining a building permit for the project and <br />commencing construction of said project within one year of the date of Council approval, <br />or the variances will expire on that date (April 11, 2017). <br />4. Violation of or non-compliance with any of the terms and conditions of this resolution <br />shall constitute a violation of the zoning code, shall automatically terminate any authority <br />granted herein, and shall be punishable as a misdemeanor. <br />6. The undersigned Owners have read, understand and hereby agrees to the terms of this <br />resolution and on behalf of the Owners and the Owners' heirs, successors and assigns, <br />hereby agree to the recording of this resolution in the chain oftitle of the Property. <br />Adopted by the Orono City Council on the 11th day of April, 2016. <br />ATTEST: <br />Diane Tiegs, City Clerk Lili Tod McMillan, Mayor <br />Property Owner( s) <br />Page 5 of6