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. � �11�' , <br /> • � � , <br /> �b. � CITY of ORONO . <br /> � � � : <br /> �� �'�' RESOLUTION OF THE CITY COUNCIL <br /> � ��k'ESH�g'� NO. e`3 6 � � <br /> r <br /> � ? <br /> 11. In reviewing the topographic map of the property, there would appear to be no i <br /> . problem with providing positive drainage for proposed residence as �Il drlinage <br /> flows to the wetland to the south and the 4 to 5 acre wetland provides adequate <br /> storage capacity. � <br /> 12. The existing Type II wetland consists of predominately cattail vegetation and during . <br /> the heavy rainfall periods in the spring and fall will contain open water areas in the <br /> low areas. The existing wetland provides a habitat for both wildlife and waterfowl. � <br /> Major concern of tlie Planning Commission was impact upon this wetland should � <br /> all six property owners make similar requests to alter the wetland. <br /> 13. There is adequate area on the 3.25 acre parcel to create an open water area outside <br /> of the designated wetland area. <br /> • 14. The granting of this application is not necessary for the preservation and enjoyrnent <br /> of a substantial property right of this applicant as applicant has the option of <br /> installing a pond outside of the designated wetland area or not purchasing property. <br /> 15. The property can be put to reasonable use if used under conditions allowed by <br /> official controls of the municipal code. <br /> 16. The applicant has not demonstrated any reasonable hardship or practicaY diPficulty <br /> which would allow a variance to the requirements of Section 10.55, Subdivision 8. <br /> 17. In review of the factual findings noted above, the Council finds, 1.) no hardship <br /> sufficient to grant the variance; and, 2.) that granting a variance to allow the <br /> excavation of a pond within a designated wetland of the City conflicts with the <br /> environmental standards that provide the guidelines for the developinent of properties <br /> located within the rural areas of the City and would be detrimental to the public <br /> . health, safety and welfare. Since no variance is granted, the conditional use permit <br /> is herewith denied. In making its decision, the City also looks to the broader <br /> environmental principals and goals set forth in its Community Management Plan and <br /> the intent of the specific zoning district standards when dealing with matters of <br /> public, health, safety and welfare. <br /> • <br /> Page 4 of 6 <br />