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� o� <br /> 0 0 . <br /> �'�����-� CITY of 4RONU <br /> � , � � <br /> ���{- �, <br /> ��t \ ��� �G~ RESOLUTION OF THE CITY COUNCIL <br /> `9kESH04 N0. �- � '� " <br /> ��. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findin�s, the Orono City Council hereby grants after-the <br /> fact variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.55, <br /> Subdivision 8 to permit the construction of a second-story deck �vithin 7�' of the OHWL of <br /> Lake Minnetonka where no structure is normally allowed; a variance to Section 10.03, <br /> Subdivision 14(C) for lot covera�e by structures of 16�0 s.f., in excess of the 1500 s.f. <br /> normally allowed; a variance to Section 10.56 Subdivision 16(C)(6) to permit a 5' encroachment <br /> of the average lakeshore setback; and a variance to Section 10.22, Subdivision 2 and Section <br /> 10.56, Subdivision 16(L)(1) to permit 2,115 s.f. (26.4%) of hardcover within the 75' lakeshore <br /> setback �.vhere only 2,079 s.f. (26%) of hardcover had previously been approved, subject to the <br /> following conditions: _ _ <br /> l. This approval is for the second story deck as constructed, and the first story <br /> deck, stoop and stairways as constructed and as depicted in photographs dated <br /> 10-21-02 and located within zonin� file #03-2880. <br /> 2. Authorities granted by this variance run with the property not with the applicant, <br /> but are permissive only and must be exercised by application for an after-the-fact <br /> building permit �vithin one year of the date of Council approval, or this variance <br /> will expire on that date (May 12, 2004). <br /> 3. Violation of or non-compliance with any of the terms and conditions of thfls <br /> variance shall constitute a violation of the zoning code, shall automatically <br /> terminate any authority granted herein, and shall be punishable as a <br /> misdemeanor. � <br /> 4. The undersigned owners have read, understand and hereby a�ee to the terms of <br /> this resolution and on behalf of themselves, their heirs, successors and assigns, <br /> hereby a�ree to the recording of this resolution in the Chain of Title of the <br /> prop erty. <br /> Page 4 of 6 <br />