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2. <br />NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the <br />findings noted above, the City Council of the City of Orono hereby approves the preliminary plat <br />application of G. Marc and fracy S. Whitehead per plat drawings by Walter J. Gregory of Merila <br />and Associates dated September 5, 1997, and grants variances to Section 11.33, Subdivision 4; <br />11.31, Subd. 5; and 10.28, Subd. 5B based on the unique findings and hardships set forth above, <br />subject to the following conditions: <br />1. Applicant to dedicate the standard 10* drainage and utility easements along <br />perimeter property lines, and 5' either side of interioi lot lines. <br />If a retention pond or other stormwater facilities are required by the Minnehaha <br />Creek Watershed District (MCWD), any such facilities to be developed on the site <br />shall also be designated on the plat as drainage easements. The final plat <br />application shall not be presented for City Council approval until all MCWD <br />approvals have been obtained by the subdivider. <br />The City protected wetlands in Lots 1 , 2 and 3 shall be subject to a Flowage and <br />Conservation Easement to be granted to the City by the subdivider. <br />Applicant shall develop a covenant for Type 1 wetlands located within Lots 1 and <br />2. The purpose of the covenant is to alert all future property owners of the need <br />to protect the area and if alterations are proposed to first obtrin the necessary <br />approvals from the Corps of Engineers and the Minnehaha Creek Watershed <br />District before applying for approvals from the City of Orono. <br />3. <br />The 3ubdiviLef shall bear the co8t of Sightlinc ifnpfovcnficnts within the newly <br />^icated^right -of way, subject to recommendation and oversight of the Public <br />Services Director and City Engi neer. Such improvements may include but arc not <br />limited to selective vegetation removal and regrading the hillside slope at the inside <br />of the curve. <br />The principal structure on Lot 1 shall be set back at least 50 feet from the easterly <br />lot line and 50 feet from the southerly lot line of Lot 1 . <br />Lot 3 may continue to use the existing easement driveway for access to Lyman <br />Avenue. Lots 1 and 2 shall gain access to Lyman Avenue via a shared private <br />Page 5 of 9