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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. r3 A J 7 <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council hereby grants a variance to <br />Municipal Zoning Code Sections 10.55, Subdivision 8 and 10.56, Subdivision 16 (J) to permit the <br />excavation, waterproofing, filling and restoration of pre-existing grades for the tunnel located in the <br />0-75' lak~shore setback zone where no grading or filling is normally allowed, and grants a <br />conditional use permit per Section 10.03, Subdivision 19 for said work, subject to the following <br />conditions: <br />1. Areas disturbed during waterproofing of the tunnel must be restored to pre-existing <br />grades and sodded as soon as practical after grade restoration. <br />2. Applicants shall mitigate the loss of a 36" elm tree in the 0-75' zone by replacing <br />with three 4½" maples per the site plan attached to this resolution as Exhibit B, such <br />replacement to occur as soon as practical after grade restoration. <br />3. Prior to issuance of required land alteration permit for waterproofing project, <br />applicants shall submit a comprehensive plan for the entire property indicating the <br />status of all completed/underway/future projects, to be submitted by Friday, October <br />13th. <br />4. Authorities granted by this resolution run with the property not with the owner, but <br />are permissive only and must be exercised by application for a building permit within <br />one week of the date of Council's approval, or the special conditions of this <br />resolution will expire on that date (October 9, 1996). <br />5. 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 />6. The undersigned applicants have read, understood 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 7