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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 a conditional use <br />permit per Section 10.03, Subdivision 19 to permit the excavation of 200 cubic yards of peat <br />within a protectd wetland of the City. The current conditional use permit is issued for the winter <br />only months commencing December 1996 through March 21, 1997 and shall be limited to 200 <br />cubic yards. Approval of this conditional use permit is subject to the following conditions: <br />1. <br />2. <br />3. <br />4. <br />5. <br />The City has reviewed a comprehensive land alteration project involving the <br />creation of two open water areas within a designated wetland on the property to be <br />completed at a ftmire date. The applicant shall file an annual conditional use <br />permit for the removal of 200 cubic yards and shall be charged the fee for a <br />renewal conditional use permit as set forth in the City ’s fee schedule for the current <br />year. The City shall also waive the requirement that applicant file for a land <br />alteration permit upon Council’s approval of the annual conditional use permit. <br />The City has approved access to the site for construction vehicles and equipment <br />to be at the northwest comer of the property. If access is to be achieved via <br />Landmark Drive, the City must be advised so that applicant can provide suitable <br />notice to all land owners served by Landmark Drive. <br />Applicant’s current permit involves tne final excavation of the smaller 5,000 s.f. <br />open water area within the wetland. Applicant’s contractor shall complete final <br />approved grades of the banks at 5:1 and 8:1 slopes. <br />Authorities i^ranted by this resolution run with the property not with the applicant, <br />but are pem.issive only. <br />Violation of or non-compliance with any of the terms and conditions of this <br />resolution shall constinite a violation of the Zoning Code, shall automatically <br />terminate any authority granted herein, and shall be punishable as a misdemeanor. <br />Page 3 of 5 <br />j