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Q-- <br /> ��4 0 <br /> --,4 tie- CITY of ORONO <br /> 1r <br /> 14 <br /> "Si• 1,,,,t,, �v I� RESOLUTION OF THE CITY COUNCIL <br /> �ESHDosk �� NO. 4 43) <br /> recommendations of the Planning Commission, reports by City Staff, comments <br /> by the applicants and the effect of the proposed variances on the health, safety and <br /> welfare of the community. <br /> CONCLUSIONS, ORDER, AND CONDITIONS <br /> Based upon one or more of the above findings,the Orono City Council hereby <br /> grants variances to Municipal Code Section 10.22, Subdivision 2, Section 10.55, Subdivision 8 <br /> and Section 10.56, Subdivision 16 (J) and(L)to allow hardcover in the 0-75' lakeshore setback <br /> zone of 11.38%where 11.22%hardcover exists and no hardcover is normally allowed and to <br /> allow hardcover in the 75-250' setback zone of 25.45%where 25.16%hardcover exists and 25% <br /> is normally allowed; a variance to Section 10.56, Subdivision 16(C)(5)to allow retaining walls <br /> where they are normally prohibited in the lakeshore setback zone; and a conditional use permit <br /> for lakeshore alterations per Section 10.03,Subdivision 21. Approval is subject to the following <br /> conditions: <br /> • <br /> 1. Council approval is based on the site plan submitted by the applicants attached to <br /> this resolution as Exhibit B. Any amendments to the site plan may require further <br /> Planning Commission and City Council review. <br /> 2. The property owner shall obtain the appropriate building and land alteration <br /> permits for the retaining wall prior to construction. <br /> 3. Applicants are advised that the City will not look favorably on future additions to <br /> hardcover in the 0-75' and 75-250' setback zones. <br /> 4. Authorities granted by these variances and conditional use permit run with the <br /> property not with the applicants,but are permissive only and must be exercised by <br /> application for a building permit within one year of the date of Council approval, <br /> or these variances will expire on that date (February 12, 2002). <br /> 5. Violation of or non-compliance with any of the terms and conditions of these <br /> variances and conditional use permit shall constitute a violation of the zoning <br /> code, shall automatically terminate any authority granted herein, and shall be <br /> punishable as a misdemeanor. <br /> Page 3 of 7 <br />