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CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 and a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit the reconstruction of a new residence structure to be located completely within the flood plain of Lake Minnetonka and to allow compensatory mitigation for the filling of the flood plain, subject to the following conditions: · 1. Applicant's residence shall be designed so that the first habitable floor of residence is installed at the 933. 5 MSL. 2. Upon application for a building permit, applicant shall provide a grading and drainage plan that will include compensatory excavations for the filling of the flood plain and other necessary land alterations to ensure positive drainage is maintained on property. The grading and drainage plan shall be reviewed by the City Engineer who shall also be responsible for making on-site inspections to confirm drainage plan is satisfactory. 3. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (June 13, 1995). 4. 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. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 5