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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 5 J 6 t§ <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 Pe1mit per Section 78- <br />l 113/14(2b) to allow filling and grading within 7 5' of the shoreline of Lake Minnetonka, within and within <br />26' of a wetland, and within the flood plain adjacent to Lake Mi1metonka, to allow for the improvement of <br />a pedestrian and limited vehicular access driveway within the public dedicated1ight-of-way, subject to the <br />following conditions: <br />1. Council approval is based on the site and grading plan submitted by the applicant, attached to this <br />Resolution as Exhibit A. Any amendments to the plan which are not in confonnitywith the <br />approved plan will be at the discretion of City staff and may require fmiher Plaiming 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 pennit approvals prior to commencement of <br />construction activities. <br />4. Applicant and applicant's agents shall comply with all pemiit requirements of the various agencies <br />having jurisdiction over this wetland. <br />5. The applicant shall apply for and obtain a land alteration pennit from the City prior to c01mnencing <br />the project. <br />6. Authorities granted by this resolution run with the property not with the applicant, but are <br />permissive only and must be exercised by obtaining a land alteration pe1mit for the project within <br />one year of the date of Council approval, or the variances will expire on that date (April 26, 2005). <br />7. Violation of or non-compliance with any of the tenns 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 />Page4 of6