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4. <br />5. <br />The City Council finds that granting a conditional use permit to allow the repair <br />of the seawall will not be detrimental to the health, safety or general welfare of <br />the public, would not adversely affect light, air nor pose a fire hazard or other <br />danger to neighboring properties, nor will its use depreciate surrounding property <br />values and that the proposed level of use of the property will be in keeping with <br />the intent and objectives of the Zoning Code and Comprehensive Plan ot the City. <br />The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by staff and comments of <br />the applicant and the affect of the proposed use on the health, safety, and welfare <br />of the community. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more ot the findings, the Orono City Council hereby grants <br />a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit the <br />repair of the seawall at the North Arm access subject to the following conditions: <br />1.Applicant shall install a treatment facility for surface water control as it relates <br />to sediment, debris and other pollutants that wash into Lake Minnetonka from the <br />paved parking area at the North Arm access. Staff shall review the final pl^ <br />for the facility prior to installation and that said installation be completed prior <br />to the boating season of 1994. <br />Violation of or non-compliance with any ot the terms and conditions of this <br />resolution shall constitute a violation of the Zoning Code, shall automatically <br />terminate any authority granted herein, and shall be punishable as a misdenie.inor. <br />3.The undersigned applicant has read, understood and hereby agrees to the terms <br />of this resolution and on behalf of the Hennepin County Department of <br />F.nv ironment Management, hereby agrees to the recording ot this resolution in the <br />chain of title of the property. <br />Page 2 of 4