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ORDER AND DETERMINATION <br /> THE REQUESTED VARIANCE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION: <br /> THE GARDEN REMAINS BACK 35 FEET OR MORE FROM THE OHWM OF YELLOW RIVER <br /> THE ZONING ADMINISTRATOR IS DIRECTED TO ISSUE A LAND USE PERMIT INCORPORATING THESE <br /> CONDITIONS. <br /> ANY PRIVILEGE GRANTED BY THIS DECISION MUST BE EXERCISED WITHIN ONE YEAR OF THE DATE OF <br /> THIS DECISION BY OBTAINING THE NECESSARY BUILDING, LAND USE AND OTHER PERMITS FOR THE <br /> PROPOSED CONSTRUCTION. THIS PERIOD WILL BE EXTENDED IF THIS DECISION IS STAYED BY THE <br /> ORDER OF ANY COURT OR OPERATION OF LAW. <br /> THE BOARD MAY REVOKE THIS ORDER AFTER NOTICE AND OPPORTUNITY TO BE HEARD FOR VIOLATION <br /> OF ANY OF THE CONDITIONS IMPOSED. <br /> THIS DECISION MAY BE APPEALED BY FILING AN ACTION IN CERTIORARI IN THE CIRCUIT COURT FOR THIS <br /> COUNTY WITHIN 30 DAYS AFTER THE DATE OF FILING OF THE DECISION. THE MUNICIPALITY ASSUMES NO <br /> LIABILITY FOR AND MAKES NO WARRANTY AS TO RELIANCE ON THIS DECISION IF CONSTRUCTION IS <br /> COMMENCED PRIOR TO EXPIRATION OF THIS 30-DAY PERIOD. <br /> BOARD OF ADJUSTMENT/APPEALS <br /> SIGNED CHAIRPERSON <br /> ATTEST SECRETARY <br /> DATED FILED <br /> CC: PARTIES OF INTEREST <br /> TOWN CLERK <br />