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o� o <br />CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 5627 <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision (2) to <br />allow construction of a lakeside deck located 12' from the top of the bluff where a 30' <br />setback is normally required; and Section 78-1279 Subdivision (3) to allow construction <br />of a lakeside deck to be located within the top of the bluff impact zone where no <br />structure, buildings, or hardcover is permitted; and Section 78-1288 Subdivision A to <br />allow hardcover within the 0-75'setback zone from the OHWL of Lake Minnetonka at <br />4.9% (including the stair to the lake) where 0% is normally allowed and 5% currently <br />exists; and hardcover within the 75' — 250' setback zone to allow 36.7% where 25% is <br />normally allowed and 39.6% currently exists in order to build a lakeside deck, subject to <br />the following conditions: <br />1. Council approval is based on the site plan submitted by the applicants and <br />annotated by City staff, attached to this Resolution as Exhibit A. Any <br />amendments to the site plan which are not in conformity with City codes will <br />require further Planning Commission and City Council review. <br />2. Hardcover in the 0-75' zone shall not increase above the level of 4.9% or 454 s.f. <br />Hardcover in the 75-250' zone shall be limited to 3,797 s.f. or 36.7% per the <br />proposed plan and hardcover allowance summary as depicted on Exhibit A. <br />Applicants are advised that any future requests to increase hardcover or change <br />the nature of existing/approved hardcover shall require City approval, and <br />increases in hardcover will not likely be approved without concurrent reduction in <br />existing hardcover. <br />3. Applicants shall remove all plastic or fabric liner material from the decorative <br />landscape beds on the property to ensure their permeability as non -hardcover <br />surfaces. <br />4. The applicants shall not remove the retaining walls and landscaping which are <br />located on the adjacent City property to the west. Applicants shall execute an <br />encroachment agreement with the City for those existing improvements. <br />5. Required removals of structure and hardcover shall be completed by the footing <br />inspection for the proposed deck. <br />Page 3 of 5 <br />