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E , , i . /7 O� • O O ��,. � CITY of ORONO � � ti RESOLUTION OF THE CITY COUNCIL ��.kE p4�'G � NO. � � 5 � � SII � CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants a variance to Municipal Code Section 10.55, Subdivision 8 and conditional use permit per Municipal Code Section 10.03, Subdivision 19-21 to permit the creation of a wildlife habitat pond. Approval is subject to the following conditions: . 1. Applicant shall abide by all conditions set forth in the MCWD Permit 00-139 approved 5/11/00 . 2. Applicandowner shall be responsible for maintaining adequate erosion control � until ground cover is restored to entire disturbed area. • 3. The excavation of the pond will have no impact on drainage of adjacent • properties. 4. Applicant's contractor shall complete final approved grades of the banks at 10:1 slope. � 5. A flowage and conservation easement be granted to the City over the wetland. 6. Authorities granted by the variance and conditional use permit run with the properry not with the applicants, but are permissive only and must be exercised by application for a permit within one year of the date of Council approval, � or the variance will expire on that date (August 28, 2001). 7. Violation of or non-compliance with any of the terms and conditions of the • variance and conditional use permit shall constitute a violation of the zoning code, f 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 themselves,their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the properry. • ' Page 3 of 5