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the Subject Parcel, in perpetuity, must not exceed the applicable zoning and <br /> performance standards except for those variances explicitly stated herein. Any <br /> future application for a variance, conditional use permit or interim use permit for <br /> the Subject Parcel renders void the instant Conditional Use Permit. <br /> 2. Zoning Exceptions. Except as specifically stated herein, the law governing the <br /> underlying zoning district and overlay district apply to the Subject Parcel. <br /> 3. Permit Recording. This Permit is valid upon recording the Plat of Bay View <br /> Villas. Any re-plat of areas covered by this permit shall necessitate a modification <br /> to this Permit. Conversely, the Final Plat of Bay View Villas shall not be valid <br /> unless this Permit has been recorded in immediate priority to the Plat. <br /> 4. Home Owners Association. Each lot on the Subject Parcel shall be encumbered <br /> with a covenant requiring the parcel be subject to the governance of a Home <br /> Owners Association ("HOA"). The HOA shall operate perpetually, and its costs <br /> and functions shall operate at no cost to the City; and covenants protecting the <br /> perpetual operation of the HOA shall be approved by the City and then recorded <br /> with Anoka County in priority to any lien, mortgage or another financial <br /> instrument. The HOA shall enforce the conditions of this Permit within the <br /> Subject Parcel. <br /> 5. Square Foot Minimums. Those requirements of the City Code of Ordinances <br /> mandating lots sizes with minimum square foot requirements have been changed <br /> pursuant to the Planned Unit Development for Bay View Villas. The lots sizes are <br /> now defined by the Plat for Bay View Villas and as set forth by the dimensional <br /> changes defined in this Permit. <br /> 6. Street Width Minimums. Those requirements of the City Code of Ordinances <br /> mandating the width of public streets have been changed pursuant to the Planned <br /> Unit Development for Bay View Villas. The street width is now defined by the <br /> Plat for Bay View Villas. <br /> 7. Setbacks, Defined. All setbacks set forth in this Permit shall have the same <br /> meaning and effect as setbacks defined in the City Code of Ordinances except <br /> where the distances have been changed pursuant to the Planned Unit <br /> Development for Bay View Villas. Those impacted setback distances are now <br /> defined as set forth by the dimensional changes defined in this Permit. <br /> 8. Block 1. The following variances and conditions shall apply to land within Block <br /> 1 of the Bay View Villas Plat: <br /> a. The front setback shall be 15 feet. <br /> b. For those lots abutting County State Aid Highway 14, the setback shall be <br /> 30 feet from the right-of-way for County State Aid Highway 14. <br /> c. The side setback shall be 7.5 feet from the property line on the side of a <br /> parcel. <br /> d. The rear setback shall be 50 feet from the Ordinary High Water Level. <br /> e. No lot may contain an accessory structure or water-oriented accessory <br /> structure except that a pool may be constructed on a lot larger than <br /> 20,000 square feet, which also contains a residential principal structure. <br /> Such pools must meet all other legal requirements. <br /> 9. Block 2. The following variances and conditions shall apply to land within Block <br /> 2 of the Bay View Villas Plat: <br /> Page 2 of 8 <br /> Draft version for Council Packet 05/22/2019 <br />