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� °� <br /> � o 0 <br /> ��a. - � CITY of ORONO <br /> � � <br /> ti <br /> ��� ��'�' RESOLUTION OF THE CITY COUNCIL <br /> � �kESH04 NO. _�'7 � � - <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby <br /> grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 and a conditional use <br /> permit per Section 10.03, Subdivision 19 to permit the excavation of 200 cubic yards of peat <br /> within a protected wetland of the City. The current conditional use permit is issued for the winter <br /> only months commencing December 1996 through March 21, 1997 and shall be limited to 200 <br /> cubic yards. Approval of this conditional use permit is subject to the following conditions: <br /> 1. The City has reviewed a comprehensive land alteration project involving the <br /> � creation of two open water areas within a designated wetland on the property to be <br /> completed at a future date. The applicant shall file an annual conditional use <br /> permit for the removal of 200 cubic yards and shall be charged the fee for a <br /> • renewal conditional use permit as set forth in the City's fee schedule for the current <br /> year. The City shall also waive the requirement that applicant file for a land <br /> alteration permit upon Council's approval of the annual conditional use permit. <br /> 2. The City has approved access to the site for construction vehicles and equipment <br /> to be at the northwest corner of the property. If access is to be achieved via <br /> Landmark Drive, the City must be advised so that applicant can provide suitable <br /> � notice to all land owners served by Landmark Drive. <br /> 3. Applicant's current permit involves the fmal excavation of the smaller 5,000 s.f. <br /> open water area within the wetland. Applicant's contractor shall complete final <br /> approved grades of the banks at 5:1 and 8:1 slopes. <br /> 4. Authorities granted by this resolution run with the property not with the applicant, <br /> but are permissive only. <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 /> • Page 3 of 5 <br />