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� � �� <br /> 0 0 <br /> � �- � � C ITY of ORONO <br /> � : : � <br /> ti <br /> �.�� � �G'�' � RESOLUTION OF T�I�CI��T�COUNCiL <br /> 7 <br /> `9kESI304 NO. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings,the Orono City Council hereby grants <br /> variances to Municipal Zoning Code Section 78-1112 and a Conditional Use Permit per Section 78- <br /> 1113/14(2b)to allow filling and grading within 75'ofthe shoreline ofLake Mulnetonka,within and within <br /> 26'of a wetland,and within the flood plain adj acent to Lake Minnetonka,to allow for the iinprovement of <br /> . a pedestrian and limited vehicular access driveway within the public dedicated right-of-way,subj ect to�the <br /> following conditions: <br /> 1. Council approval is based on the site and grading plan submitted by the applicant,attached to tlus <br /> Resolution as Exhibit A. Any amendments to the plan which are not in conformity with the <br /> approved plan will be at the discretion of City staff and may require further Planning Commission <br /> • and City"Council review. � <br /> 2. Applicant shall establish a Conservation and Flowage Easement over the wetland. <br /> • 3. Applicant shall obtain all required MCWD permit approvals prior to cominenceinent of <br /> construction activities. <br /> 4. Applicazzt and applicaiit's agents shall complywith all pemzit requirements ofthe various agencies <br /> having jurisdiction over this wetland. <br /> 5. The applicant shall apply for and obtain a la�ld alteration permit from the Cityprior to commencing <br /> the project. <br /> 6. Authorities granted by this resolution run with the property not with the applicant, but.are <br /> pernussive only uid inust be exercised by obtaining a land alteration permit for the proj ect within <br /> one year of the date of Council approval,or the variances will expire on that date(Apri126,2005). . <br /> 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall <br /> constitute a violation of the zoning code,shall automatically terminate any authority granted herein, <br /> and shall be punishable as a misdemeanor. <br /> 8. The undersigned applicant has read,understood and hereby agrees to the terms of this resolution <br /> and on behalf of the applicant and the applicant's heirs,successors and assigns,hereby agrees to , <br /> the recording of this resolution in the chain of title of the property. <br /> . � <br /> Page 4 of 6 <br />