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� .� 0,�. <br /> O O <br /> , - CITY of ORONO <br /> � F <br /> '�' RESOLUTION OF THE CITY COUNCIL <br /> '�'�� �G <br /> 9k'ESHOg' NO. �e� � � "x <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 (� tn permit the <br /> excavation,waterproofing, filling and restoration of pre-existing grades for the tunnel located in the <br /> �-',;' l�eshore s�tback 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 toii�wing <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 tliree 41/z" maples per the site plan attached to this resolution as Exhibit B, such <br /> replacement to occur as socn as practical after grade restoration. <br /> 3. Prior to issuance of required land alteration permit for waterprooting project, <br /> applicants shall submit a comprehensive plan for the entire property indicating the <br /> status of all completed/unden�ay/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 far a building permit within <br /> one week of the date of Council's approval, or the special conditions of this <br /> resol�:tion will ex�ire 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, sha11 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 resalution 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 <br />