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O � CITY of ORONO ti RESOLUTION OF THECITYITY,I COUNCIL �kESIi04 NO. applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-1279 (1) and 78-1279 (6) in order to allow construction of a grade level deck 28 feet from the OHWL of Lake Minnetonka and ahead of the average lakeshore setback line; and a variance to Orono Municipal Zoning Code Section 78-1288 to allow construction of a grade level deck, resulting in 328 square feet of hardcover within the 0-75 foot setback zone where 112 square feet (lake access stair) is normally allowed; and a variance to Orono Municipal Zoning Code Section 78-1405(6) to allow a grade level deck to have a 4 foot setback from each side lot line where a 10 foot setback is normally required, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 328 s.f. or 19% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. An as-built survey verifying compliance with the variance approval and the building permit shall be submitted prior to the refund of the escrow. 4. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 5. Required removals of structure and hardcover to be removed shall be completed prior to the issuance of the building permit. 6. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (March 8, 2011). Page 3 of 5