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� � �°�o C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL �`�1., �.`'~� N o. b 5 � 6 kESHO� conditions, light, air nor pose a fire hazard or other danger to neighboring property; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council grants: a CUP pursuant to Orono Zoning Code Section 78-1116(5) in order to conduct grading and filling activity below the 931.5' elevation in order to meet the RFPE requirements of the zoning code; and a variance from Orono Municipal Zoning Code Section 78-1119(a)to allow an elevation lower than 931.5 within 15 feet of the house in conjunction with construction of a replacement residence on fill material; subject to the following conditions: 1. Council approval is based on the survey and grading plan submitted by the Owner and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the approved plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed overall hardcover levels shall conform to the Tier 1 standards. 3. Compliance with all permitting requirements of the Minnehaha Creek Watershed District. 4. Compliance with ongoing recommendations of the City Engineer. 5. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only and must be exercised by obtaining permits and commencing construction of said project; and completion of a framing inspection for the new residence within one year of the date of Council approval,or the approvals granted by this Resolution will expire on that date (September 28, 2016). 6. An as-built survey and an elevation certificate will be required upon completion of the new home permit prior to refund of the permit escrow. 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned Owner has read, understands and hereby agrees to the terms of this resolution and on behalf of the Owner and the Owner's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the Property. Page 5 of 7