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,, <br />CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />~ 11\ f'" !tll NO. ~ u r.2f .G- <br />and 78-966 to allow construction of a 4' retaining wall and the import of fill in order to <br />stabilize a 2: 1 slope within 75 ' of the OHWL of Lake Minnetonka, subject to the <br />following conditions: <br />1. Council approval is based on the restoration site plan submitted by the applicants <br />and annotated by City staff, attached to this Resolution as Exhibits A, B & C . <br />Any amendments to the plan which are not in conformity with City codes will <br />require further Planning Commission and City Council review. <br />2 . Authorities granted by this resolution run with the property not with the . <br />applicants , but are permissive only and must be exercised by obtaining a building <br />permit for the new construction within one year of the date of Council approval, <br />or the variance will expire on that date (September 22 , 2004). <br />3. 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 />4. The undersigned applicants have read, understood and hereby agree to the terms <br />of this resolution and on behalf of the applicants and the applicants' heirs, <br />successors an d assigns, hereby agree to the recording of this resolution in the <br />chain of title of the property. <br />Adopted by the Orono City Council on the 22 nd day of September, 2003. <br />Barbara A. Peterson, Mayor <br />' <br />Page 3 of 5