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grants a conditional use permit for the installation of a permanent <br />dock per Section 10.03, Subdivision 19 and Section 10.55, Subdivision <br />9 (B) (3), subject to the following conditions: <br />1. Permanent dock section to be installed such that it does not <br />exceed a height of 932.4', 3' above the OHM elevation of Lake <br />Minnetonka at 929.4', and access stairs extending to permanent <br />dock section shall not exceed the allowed 4' in width. <br />2. Area of excavation to be backfilled with granular/sandy loam <br />soils. City to approve the type of soils to be used in filling. <br />3. Authorities granted by this resolution run with the property <br />not with the applicant, but are permissive only and must be <br />exercised by application for a building permit within one year of <br />the date of Council approval, or the special conditions of this <br />resolution will expire on that date (September 10, 1991). <br />4. Violation of or non-compliance with any of the terms and <br />conditions of this resolution shall constitute a violation of the <br />zoning code, shall automatically terminate any authority granted <br />herein, and shall be punishable as a misdemeanor. <br />5. The undersigned applicant has read, understood and hereby <br />agrees to the terms of this resolution and on behalf of himself, <br />his heirs, successors and assigns, hereby agrees to the recording <br />of this resolution in the chain of title of the property. <br />Page 3 of 5