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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 3F 17 <br />CONCLUSIONS. ORDER ._ND CONDITIONS <br />Based upon the above findings. the Orono CITY Council hereby grants a vanance to <br />tilunicipal Zoning Code Sections 10.55, Subdivision 3 and 10.56. Subdivision 16 (J) to permit the <br />excavation. waterproofing. tilling and restoration of pre-existing grades for the tunnel located in the <br />0-'5' lakeshore setback zone where no grading or filling is normall% allowed, and grants a <br />conditional use permit per Section 10.03. Subdivision 19 for said work. subject to the following <br />conditions: <br />Areas disturbed during waterproofing of the tunnel must be restored to pre-existing <br />grades and sodded as soon as practical after grade restoration. <br />Applicants shall mitigate the loss of a 36" elm tree in the 0-75' zone by replacing <br />with three 41i;" maples per the site plan attached to this rcrolution as Exhibit B. such <br />replacement to occur as soon as practical after grade restoration. <br />Prior to issuance of required land alteration permit for waterproofing project. <br />applicants shall sub: -,-;t a comprehensive plan for the entire propem' indicating the <br />status of all completedunderw'ay,futurc projects. to be submitted by Friday, October <br />13th. <br />Authorities granted b,,' this resolution run with the propem' not with the owner, but <br />are permissive onl.' and must be exercised by application for a building permit within <br />one week of the date of Council's apprc.val, or if,,. special conditions of this <br />resolution wili expire on that date (October 9. 1996). <br />Violation of or non-compliance with an\' of the terms and conditions of this <br />resolution shall constitute a violation of the Zoning Code. shall automatically <br />terminate any authonn' granted herein. and shall be punishable as a misdemeanor. <br />The undersigned applicants have read. understood and hereby agree to the terms of <br />this resolution and on behalf of themsel%cs. their heirs. successors and assigns. <br />hereby agree to the recording of this resolution in the Chain of Title of the propem'. <br />Page 3 of 7 <br />