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., .,• .; <br /> � . <br /> � � � <br /> � O O <br /> �b. � CITY of ORONO <br /> � � . <br /> �� G'�' RESOLUTION OF THE CITY COUNCIL <br /> L�kESH�g'� NO. e� F � � <br /> CONCLUSIONS, ORDER AND CONDITIONS � <br /> � Based uponthe above findings,the Orono City Council hereby grants variances to <br /> Municipal Zoning Code Section 10.55, Subdivision 8, 10.56, Subdivision 16 (�, and 10.22, <br /> Subdivision 2 to allow grading for the purpose of constructing retaining walls within 75' of the lake <br /> where grading is nonnally prohibited, and variances to Sections 10.22, Subdivision 2 and 10.56, <br /> Subdivision 16 (L) to allow hardcover associated with such walls within 75' of the lake where no <br /> l�ardcover is nornially allowed, and grants a conditional use perniit per Section 10.03, Subdivision <br /> 19 for land alteration near the lakeshore, subject to the following conditions: <br /> 1. Boulder walls shall not be constructed at the base of the slope. <br /> 2. No excavation shall be allowed other than that necessary to accommodate boulder <br /> walls at the top of the lakeshore bank. <br /> • 3. Applicants shall remove the fabric mulch liner in the 0-75' setback zone prior to <br /> construction of the boulder walls. The only hardcover allowed in the 0-75'zone shall <br />. be the existing 4'x 40'stairway and approximately 961ineal feet of nominally 2'wide <br /> boulder wall as shown on the approved site plan attached as Exhibit A. The <br /> applicants are advised that no additional hardcover is allowed in the 0-75' lakeshore <br /> setback zone. . <br /> 4. Applicants and their contractor shall adhere to "Best Management Practices for <br /> Protecting Water Quality in Urban Areas" during the process of boulder wall <br /> construction. <br /> 5. Authorities granted by this variance run with the property not with the applicants,but <br /> • are permissive only and must be exercised by application for a building permit within <br /> one�year of the date of Council's approval, or the special conditions of this resolution <br /> will expire on that date (October 23, 1996). <br /> 6. Violation of or non-compliance with any of the terms and conditions qf 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 />