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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 conditional use permit per Sections 10.55, Subdivisions 9 and 10 and 10.56 Subdivision <br />16J, and a variance to Sections 10.22, Subdivision 2 and 10.55, Subdivision 8 to permit the <br />excavation of approximately 2.2 cubic yards of material and placement of a sand beach within the <br />0-75' lakeshore setback zone where no such land alterations are normally permitted. Approval <br />is subject to the following conditions: <br />1. Excavation spoils shall be removed from the site. <br />2. Applicant shall obtain a land alteration permit prior to commencing the excavation <br />for the beach area. <br />3.Applicant and his contractor shall adhere to any erosion control measures deemed <br />necessary by the City inspector. <br />4. No weed control fabric or plastic may be placed below the sand, because such liner <br />materials would be considered as hardcover. <br />5. <br />6. <br />Authorities granted by this resolution run with the property not with the owner, but <br />are permissive only and must be exercised by application for a land alteration <br />permit within one year of the date of Council's approval, or the special conditions <br />of this resolution will expire on that date (February 23, 1999). <br />Violation of or non-compliance with any of 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 misdemeanor. <br />The undersigned applicant has read, understood and hereby agrees to the terms of <br />this resolution and on behalf of himself, his heirs, successors and assigns, hereby <br />agrees to the recording of this resolution in the chain of title of the property. <br />Page 3 of 5