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CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 78-1112 and a Conditional Use Permit per Section 78- 1113/14(2b) to allow filling and grading within 75' of the shoreline of Lake Minnetonka, within and within 26' of a wetland, and within the flood plain adjacent to Lake Minnetonka, to allow for the improvement of a pedestrian and limited vehicular access driveway within the public dedicated right-of-way, subject to the following conditions: 1. Council approval is based on the site and grading plan submitted by the applicant, attached to this Resolution as Exhibit A. Any amendments to the plan which are not in conformity with the approved plan will be at the discretion of City staff and may require further Planning Commission and City Council review. 2. Applicant shall establish a Conservation and Flowage Easement over the wetland. 3. Applicant shall obtain all required MCWD permit approvals prior to commencement of construction activities. 4. Applicant and applicants agents shall comply with all permit requirements of the various agencies having jurisdiction over this wetland. 5. The applicant shall apply for and obtain a land alteration permit from the City prior to commencing the project. 6. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a land alteration permit for the project within one year of the date of Council approval, or the variances will expire on that date (April 26, 2005). 7. 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. 8. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 4 of6