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� ` I ` : � � � �`�y { ,��'� �� o� ORONO , a.1`y L � �»1: • ' � ' RESOLUTION OF THE CITY COUNCIL � , ., NO. 2882 • - � • 4. The City Council finds that granting an after-the-fact conditional use permit to allow the seawall to remain on the property will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties , nor will its use depreciate surrounding property values and that the proposed level of use of the property wi 11 be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. CONCLIISIONS, ORDffit AND CONDITIONS Based upon one or more of the above findings, the Orono • City Council hereby grants an after-the-fact conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 and Section 10.55, Subdivision 9 (B), subject to the following >conditions: l. Applicant to obtain the required building permit. Such permit will be subject to a penalty fee. 2. Applicant is placed on notice that any repair of the existing seawall w 'ill require a separate conditional use permit review. 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 2 of 4 •