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O� O O b CITY-Of ORONO RESOLUTION OF THE CITY COUNCIL ��9kE Hpg�G NO. 3938 S b. Greenhouses that were removed from the site resulted in uneven topography on the site. C. Engineering estimates indicate that 2,000 cubic yards of fill are required to fill the area according to the proposed elevations in Exhibit E. 4. The City Council finds that granting a conditional use permit to allow grading and filling 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 will 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 City staff, comments by the applicants and the effect of the proposed conditional use permit on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 21 to permit the grading and filling with 2,000 cubic yards of clean fill as shown in Exhibit E, subject to the following conditions: 1. Authorities granted by this resolution run with the property not with the owners but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval or the'special conditions of this resolution will expire on that date (July 28, 1998). 2. 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. Page 3 of 6