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CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby grants <br />a conditional use permit per Municipal Zoning Code Section 78-1116( a)(8) to permit construction of <br />a permanent dock to be located within Lake Minnetonka adjacent to the property, subject to the <br />following conditions: <br />1. The dock shall be constructed per the location and design as indicated on the <br />approved site plan attached hereto as Exhibit A. <br />2. The dock shall be allowed as long as it continues to be permitted by the LMCD and <br />DNR and is in conformity with the rules and regulations of those agencies. <br />3. Future replacement or alteration of the dock will require a new conditional use permit <br />from the City of Orono. <br />4. The property owner is advised to obtain the appropriate permits from the LMCD in <br />the event that winter de-icing of the dock area is proposed. <br />5. Authorities granted by this conditional use permit run with the property not with the <br />applicants, but are permissive only and must be exercised by obtaining a City of <br />Orono one-time dock permit within one year of the date of Council approval, or this <br />conditional use permit will expire on that date (March 28, 2006). <br />6. Violation of or non-compliance with any of the terms and conditions of this <br />conditional use permit shall constitute a violation of the zoning code, shall <br />automatically terminate any authority granted herein, and shall be punishable as a <br />misdemeanor. <br />7. The undersigned applicants have read, understand and hereby agree to the terms of <br />this resolution and on behalf of themselves, their heirs, successors and assigns, <br />hereby agree to the recording of this resolution in the Chain of Title of the property. <br />Page 3 of 5