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proposed level of use of the property will be in keeping with the intent and <br />objectives of the Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Oroiw City Council <br />of the Ordinary High Water Level of a protected tributary stream, and a vanatK-e to Section <br />10 56 Subdivision 16 (U to allow hardcover within 75’ of a protected tributary and grants a <br />conditional use permit per Section 10.03. Subdivision 19 for grading, filling ai^ excavating in <br />excess of 100 cubic yaids. and pet Section 10.55. Subdivisions 10 through U tor <br />of a -bridge- over a stream in the Flood Fringe District, and per Section m.56, <br />(J) (4b) for movement of more than 100 cubic yards of matenal withm the Shoreland District. <br />subject to the following conditions: <br />1.Applicants shall obtain a land alteration permit from the City prior to <br />commencing construction. <br />2.Prior to commencement of construction and prior to the City’s issuance of a land <br />alteration permit, applicants shall execute a Deyelopets' Agreement to uKlude <br />orovision of a letter of credit covering the potential cost of restoration should the <br />project be started and not completed a timely manner. A specific and fimte time <br />frame for completion and restoration shall be established as part of the <br />Developers ’ Agreement. <br />3.Construction of the driveway and crossing may not commence until the <br />Minnehaha Creek Watershed District has issued a permit. <br />4.Applicants shall construct the crossing with 3:1 finished slopes rather than 2:1 <br />slopes. <br />5. <br />6. <br />The culvert for the stream crossing shall be sized per MCWD requirements. <br />The hardcover driving surface of the diiveway shall not exceed the proposed 12* <br />Page 4 of 6