01-09-1995 Council Packet - Laserfiche WebLink

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CONCLUSIONS, ORDER ANT) CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 and a conditional use permit per Section 10.03, Subdivision 19 to permit the excavation of 200 cubic yards of peat material within a protected wetland of the City. The current conditional use permit is issued for the winter months (January 9, 1995 through March 21, 1995) and shall be limited to 200 cubic yards. Approval of this conditional use permit is subject to the following conditions: 1. 2. The City has reviewed a comprehensive land alteration project involving the creation of two open water areas within a designated wetland on the property to be completed within a ten year period as shown on pages 6 and 7 of this resolution. The applicant shall file an annual conditional use permit for the removal of 200 cubic yards and shall be charged the fee for a renewal comlitional use permit as set forth in the City's fee schedule for the current year. The City shall also waive the requirement that applicant file for an annual land alteration permit upon Council ’s approval of the annual conditional use permit. The City has approved access to the site for construction vehicles and equipment to be at the northwest comer of the property. If access is to be achieved via Landmark Drive, the City must be advised so that applicant can provide suitable notice to all land owners served by Landmark Drive. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval or the special conditions of this resolution will expire on that date (January 9, 1996). Violation of or non-compliance with any of the terms and conditions of this resolution shall constimte a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 7