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CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grante variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2, and a <br />conditional use permit per Section 10.03, Subdivision 19 to permit the installation of a three tiered <br />retaining wall at a maximum height of___’ and grants a lakeshore setback variance of <br />a hardcover variance of ' or ’ and <br />%, subject to the following conditions: <br />1. <br />2. <br />3. <br />4. <br />Prior to the City issuing a building permit for the construction of the retaining <br />walls, applicants shall provide the following information to the City: <br />A. <br />B. <br />C. <br />Permit from Hennepin County Department of Transportation for any work <br />conducted within the County right-of-way. <br />Applicants contractor to submit information on structural capacity for <br />review by the City Engineer. <br />Permit application to include planting schedule for plantings to be installed <br />on tiers of the retaining wall. <br />Applicant ’ contractor shall contact City staff at least 48 hours before installation <br />of retaining walls. Applicants shall also be responsible for installing erosion <br />control prior to construction and until walls are constructed and ground cover <br />restored. <br />Authorities granted by this resolution run with the property not with the owner, but <br />3re permissive only and must be exercised by application for a building permit <br />within one year of the date of Council's approval, or the special conditions of this <br />resolution will expire on that date (May 11, 1999). <br />Violation of or non-compliance with any of J e 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 />Page 3 of 5