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O O CITYof ORONO •fi �►!��+Ij,'.. �G RESOLUTION OF THE CITY COUNCIL ykts-HP NO. 5 0 1 2 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.55, Subdivision 9(B)(3) to permit construction of a permanent dock to replace the existing permanent dock located within Lake Minnetonka, subject to the following conditions: 1. The dock shall be constructed per the location and design as indicated on the approved site plan attached hereto as Exhibit A. 2. The dock shall be allowed as long as it continues to be permitted by the LMCD and DNR and is in conformity with the rules and regulations of those agencies. 3. Future replacement or alteration of the dock will require a new conditional use permit from the City of Orono. 4. The property owner is advised to obtain the appropriate permits from LMCD in the event that winter de-icing of the dock area is proposed. 5. Authorities granted by this conditional use permit run with the property not with the applicants, but are permissive only and must be exercised by obtaining a City of Orono one-time dock permit within one year of the date of Council approval, or this conditional use permit will expire on that date (July 28, 2004). 6. Violation of or non-compliance with any of the terms and conditions of this conditional use permit shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 6