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existing/approved hardcover shall require City approval, and increases in <br />hardcover will not likely be approved without concurrent reduction in existing <br />hardcover. <br />3. The applicant shall conduct grading and filling below 931.5 MSL within the flood <br />fringe, consisting of construction of a retaining wall, excavation and mitigation as <br />depicted on Exhibit B approved by the City Engineer. <br />4. The applicant shall comply with the recommendations of the City Engineer and <br />the Minnehaha Creek Watershed District Rule C permit # 04-210 regarding <br />floodplain filling and mitigation. <br />5. The applicant shall comply with Municipal Zoning Code Section 78-1117, <br />standards for floodway and flood fringe conditional uses. <br />6. The chimney heights shall not exceed 40' 8" in height. <br />7. Authorities granted by this resolution run with the property not with the applicant, <br />but are permissive only and must be exercised by obtaining a building permit for <br />the new construction within one year of the date of Council approval, or the <br />variance will expire on that date (June 24, 2005). <br />8. Violation of or non-compliance with any of the terms and conditions of this <br />resolution shall constitute a violation of the zoning code, shall automatically <br />terminate any authority granted herein, and shall be punishable as a misdemeanor. <br />9. The undersigned applicant has read, understood and hereby agrees to the terms of <br />this resolution and on behalf of the applicant and the applicant's heirs, successors <br />and assigns, hereby agrees to the recording of this resolution in the chain of title <br />of the property. <br />Adopted by the Orono City Council on the 24th day of June, 2004. <br />Page 4 of 6