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. �°�o <br /> ��TY OF ORQNO <br /> RESOLUTION OF THE CITY COUNCIL <br /> �1 ��� � 6 C: <br /> '�kESHo��. N O. � � <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 04/05/16, 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 11t" day of April, 2016. <br /> ATTEST: CITY OF ORONO: <br /> � � ' ' <br /> ne T�a s, Cit Cie • � <br /> ; 5 Y Lili Tod McMillan, Mayor <br /> s <br />