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CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants a conditional use permit per Municipal Zoning Code Section 10.55, Subdivision 9(B)(3) <br />to permit construction of a permanent dock to replace the existing permanent dock located <br />within Lake Minnetonka, subject to the following conditions: <br />1.The dock shall be constructed per the location and design as indicated on the <br />approved site plan attached hereto as Exhibit A. <br />2. The dock shall be allowed as long as it continues to be permitted by the LMCD <br />and DNR and is in conformity with the rules and regulations of those agencies. <br />3.Future replacement or alteration of the dock will require a new conditional use <br />permit from the City of Orono. <br />4.The property owner is advised to obtain the appropriate permits from LMCD in <br />the event that winter de-icing of the dock area is proposed. <br />5.Authorities granted by this conditional use permit run with the property not with <br />the applicants, but are permissive only and must be exercised by obtaining a City <br />of Orono one-time dock permit within one year of the date of Council approval, <br />or this conditional use permit will expire on that date (July 28, 2004). <br />6.Violation of or non-compliance with any of the terms and conditions of this <br />conditional use permit shall constitute a violation of the zoning code, shall <br />automatically terminate any authority granted herein, and shall be punishable as <br />a misdemeanor. <br />7.The undersigned applicants have read, understand and hereby agree to the terms <br />of this resolution and on behalf of themselves, their heirs, successors and <br />assigns, hereby agree to the recording of this resolution in the Chain of Title of <br />the property. <br />Page 3 of 6 <br />J