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�4 RESOLUTION OF THE CITY COUNCIL. NO. 18s17 CONCLUSIONS, 4RD[?R AND CONDITIONS Based upon the above findings, the Orono City Council hereby gr�u�ts a variance to Municipal Zoning Code Sections 10.55, Subdivision 8 and 10.56, Subdivision 16 (J) to permit the excavation, waterproofing, filling and restoration of pre-existing grades for the tunnel located in the 0-75' Lakeshore setback zone where no grading or filling is normally allowed, and grants a conditional use permit per Section 10,03, Subdivision 19 for said work, subject to the: following conditions: 1. Areas disturbed during waterproofing of the tunnel must be restored to pre-existing grades and sodded as soon as practical after grade restoration. _ 2. Applicants shall mitigate the loss of a 36" elm tree in the 045' zone by replacing with three 4'/i' maples per the site plan attached to this resolution as Exhibit B, such replacement to occur as soon as practical after grade restoration. 3. Prior to issuance of required land alteration permit for waterproofing project, applicants shall submit a comprehensive plan for the entire property indicating the _ status of all completed/underway/future projects, to be submitted by Friday, October 13th. I' r d 4. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by application for a building permit within one week of the date of Council's approval, or the special conditions of this �� T resolution will expire on that date (October 9, 1996). _...;_ 5. 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. 6. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors attd assigns, - - hereby agree to the recording of this resolution in the Chain of Title of the property. f. Page 3of7