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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 variance to Municipal Zoning Code Section 10.55. Subdivision 8 and grants a conditional <br />use permit per Section 10.03, Subdivision 19 to permit the dredging of approximately 80 cubic <br />yards of spoils and debris from the open water pond, classified as a Type V wetland that is <br />protected by the City of Orono. Approval is subject to the following conditions: <br />1 Banks of the pond where dredging shall take place shall be restored to an 8:1 <br />slope. Appropriate aquatic and wetland vegetation shall be restored within the <br />dismrbed area. <br />2. The spoils shall be removed from the site. <br />3. The approved or average water level ot the pond shall be at 929.4. <br />Authonties granted by this resolution run with the property not with the owner, but <br />are permissive only and must be exercised by application for a land alteration <br />permit within one year of the date of CouncU's approval, or the special conditions <br />of this resolution will expire on that dare (April 8, 1997). <br />Violation of or non-compliance wlJi any of the terms and conditions of this <br />resoljtion shall constitute a violation of the Zoning Code, shall automatically <br />terminate any authority granted herein, and shall be punishable as a misdemeanor. <br />The undersigned applicant has read, understood and hereby agrees to the terms of <br />this resolution and on behalf of himself, his heirs, successors and assigns, hereby <br />agrees to the recording of this resolution in the chain of title of the property. <br />4. <br />Page 3 of 5