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COMCLOSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono <br />City Council hereby grants a variance to Municipal Zoning Code <br />Sections 10.55, Subdivision 8 to allow ling and grading <br />activities within a wetlands defined as a 5/7 wetlands? and <br />grants a conditional use permit for .rig and grading <br />activities in excess of 100 cubic yards per Section 10.03, <br />Subdivision 19. This approval is subject to the following <br />conditions: <br />1. Construction of road cannot begin until the Mi* laha <br />Creek Watershed District has issued a permit ai -xty <br />Engineer has approved final road construction pla .o and <br />sewer and water plans. <br />2. Sewer and water lines and the shared drive must be all <br />located within Out lot A and shall be installed with minimal <br />impact upon the designated wetland. <br />3. Applicants to provide written statement from Wayrata Fire <br />Chief confirming road design and layout will meet emergency <br />access needs. <br />4. Applicants to maintain erosion control throughout the <br />entire project until ground cover is restored. Approval is <br />based on the plans by Roger A. Anderson of Roger A. Anderson <br />and Associates entitled "Preliminary Pxan - Drainage, <br />Driveway, and Erosion Control" Fairwa*. Hills Addition, dated <br />January 3, 1991, revised February 1, *1991. <br />5. Authorities granted by this resolution run with the <br />property not with the applicants, but are permissive only <br />and must be exercised by application for a building permit <br />for the retaining walls within one year of the date of <br />Council approval, or the special conditions of this <br />resolution will expire on that date (________________________^)* <br />6. Violation of or non-compliance with any of the terms and <br />conditions of this resolution shall constitute a violation <br />of the zoning code, shall automatically terminate any <br />authority granted herein, and shall be punishable as a <br />misdemeanor. <br />Page 3 of 5 <br />f