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order to stabilize a 2; I slope within 75* of the OHWL of Lake Minnetonka, subject to the <br />following conditions: <br />I. Council approval is based on the restoration site plan submitted by the applicant <br />and annotated by City staff, attached to this Resolution as Exhibits A, B & C. <br />Any amendments to the plari which are not in conformity with City codes will <br />require further Planning Commission and City Council re\ iew. <br />2. Authorities granted by this resolution run with the property not with the applicant, <br />but are permissive only and must be exercised by obtaining a building permit for <br />the new construction within one year of the date of Council approval, or the <br />variance will expire on that date (September 22.2004). <br />3. Violation of or non-compliance w ith any of the terms and conditions of this <br />resolution shall constitute a violation of the zoning code, shall automatically <br />terminate any authority granted herein, and shall be punishable as a misdemeanor. <br />4. The undersigned applicants have read, understood and hereby agree to the terms <br />of this resolution and on behalf of the applicants and the applicants' heirs, <br />successors and assigns, hereby agree to the recording of this resolution in the <br />chain of title of the property. <br />Adopted by the Orono City Council on the 22"' day of September, 2003. <br />ATfEST: <br />Linda S. Vee. City Clerk Barbara A. Peterson. Ma\or <br />Property Owner(s) <br />Page 3 of 5 <br />Jk