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OC‘-° 4 • =A � CITY of ORONO V,1117 .40 , RESOLUTION OF TUE_CITTY�COUNCIL lkESI104 NO. 3. The applicant shall conduct grading and filling below 931.5 MSL within the flood fringe, consisting of construction of a retaining wall, excavation and mitigation as depicted on Exhibit B approved by the City Engineer. 4. The applicant shall comply with the recommendations of the City Engineer and the Minnehaha Creek Watershed District Rule C permit # 04-210 regarding floodplain filling and mitigation. 5. The applicant shall comply with Municipal Zoning Code Section 78-1117, standards for floodway and flood fringe conditional uses. 6. The applicant shall complete the floodplain restoration project and install all native floodplain vegetation prior to construction of the boardwalk. 7. If at any time the native floodplain vegetation becomes a mowed lawn the applicant must remove the boardwalk in its entirety. 8. The boardwalk is limited to a 4' in width and 30" or less in height and a 177 s.f. landing. No railing is allowed. 9. The chimney heights shall not exceed 40' 8" in height. 10. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (June 14, 2005). 11. 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. 12. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 14th day of June, 2004. Page 4 of 6