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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO, 6 6 ® €6 <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 to allow construction of <br />retaining walls within 75 -feet of the OHWL of Lake Minnetonka where no structure is permitted; <br />and a variance to Orono Municipal Zoning Code Section 78-1680 to allow retaining walls <br />consisting of hardcover within the 75 -foot setback of the OHWL where no hardcover is permitted, <br />subject to the following conditions: <br />1. Council approval is based on the survey by Gronberg & Associates dated 09/25/15 as <br />annotated by City staff, building and landscape plans dated 04105116, attached to this <br />Resolution as Exhibits A & B (hereinafter the "Plans"). Any amendments to. the Plans <br />which are not in conformity with City codes may require further Planning Commission and <br />City Council review. <br />2. Hardcover within the 0-75 foot setback area shall not increase above 619 square feet <br />according to the Plans. <br />3. Authorities granted by this resolution run with the Property not with the Applicants, but are <br />permissive only and must be exercised by obtaining a permit for the new construction and <br />commencing construction of said project. A footing inspection must be completed within <br />one year of the date of Council approval, or the variances will expire on that date (April <br />11, 2017). <br />4. Violation of or non-compliance with any of the terms and conditions of this resolution shall <br />constitute a violation of the zoning code, shall automatically terminate any authority <br />granted herein, and shall be punishable as a misdemeanor. <br />5. The undersigned Applicants have read, understand and hereby agree to the terms of this <br />resolution and on behalf of the Applicants and the Applicants' heirs, successors and <br />assigns, hereby agree to the recording of this resolution in the chain of title of the Property. <br />ADOPTED by the Orono City Council on this 11'h day of April, 2016. <br />ATTEST: CITY OF ORONO: <br />4ad rjd-, <br />JheTiags. City Cle Liii Tod McMillan, Mayor <br />