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»\ . s <br />\ ( <br />^ % <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby grants <br />variances to Municipal Zoning Code Section 78-1112 and a Conditional Use Pennit per Section 78- <br />1113/14(2b) to allow filling and grading within 75’ofthe shoreline of Lake Minnetonka, within and within <br />26* of a wetland, and within the flood plain adjacent to Lake Minnetonka, to allow for the improvement of <br />a pedestrian and limited veliicular access driveway witliin the public dedicated riglit-of-way, subject to the <br />following conditions: <br />1. <br />2. <br />3. <br />5. <br />6. <br />7. <br />Council approval is based on the site and grading plan submitted by the applicant, attached to this <br />Resolution as Exhibit A. Any amendments to the plan which are not in conformity with the <br />approved plan will be at the discretion of City staff and may require further Planning Commission <br />and City Council review. <br />Applicant shall establish a Conservation and Flowagc Easement over the wetland. <br />Applicant shall obtain all required MCWD pennit approvals prior to commencement of <br />construction activities. <br />4. Applicant and applicants agents shall comply with all pennit requirements of the various agencies <br />having jurisdiction over this wetland. <br />The applicant shall apply for and obtain a land alteration pemiit from the City prior to commencing <br />the project. <br />Authorities granted by this resolution run with the property not with the applicants, but are <br />pennissi VC only and must be exercised by obtaining a land alteration pennit for the project within <br />one year of the date of Council approval, or the variances will expire on that date (April 26,2005). <br />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 temiinate any authority granted herein, <br />and shall be punishable as a misdemeanor. <br />8. The undersigned applicants have read, understood and hereby agree to the terms of this resolution <br />and on behalf of the applicants and the applicants' heirs, successors and assigns, heteby agree to <br />the recording of this resolution in the chain of title of the property. <br />Page 4 of 6