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D <br />eifv^— <br />City ot <br />RESOLUTION OF-tHE. CITY .COUNCIL <br />Q£t - <br />^aRQNci <br />NO.1'836 <br />A RESOLUTION GRANTING <br />A CONDITIONAL USE PERMIT PER <br />MUNICIPAL ZONING CODE <br />SECTION 10.03, SUBDIVISION 20 <br />FILE #957 <br />WHEREAS, Fred W. Curtis is the owner of the property located at <br />2180 Prospect Avenue located within the City of Orono (hereinafter "City") <br />and legally described as follows: <br />In Section 10, Township 117 North, Range 23 West of the 5th Principal <br />Meridian, commencing 515.625 feet North of the Southwest corner of the <br />Northeast quarter of the Southwest quarter, then North 130 feet, then <br />East 208 feet, then South 130 feet, then West 208 feet to the point of <br />beginning, (hereinafter "prop€;rty"); and <br />WHEREAS, on behalf of Fred W. Curtis, the City Public Works <br />Department (acting as applicant) has applied to the City for a Conditional <br />Use Permit to permit the filling of portions of the property with spoil <br />material created by the Crystal Bay Sewer Project, per Municipal Zoning <br />Code Section 10.03, Subdivision 20. <br />Minnesota: <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, <br />FINDINGS <br />1. This application was rev .P'-’ed as Zoning File #957. <br />2. The property is located in the RR-IB single Family Rural <br />Residential Zoning District. <br />3. The proposed fill consists of approximatly 370 cubic yards of <br />clean fill material placed over the existing surface to a depth <br />averaging 1 to 2 feet over an area approximatly 100' x 100* in <br />dimension. <br />4. The proposed fill will help to eliminate a low drainage area which <br />has historically been too wet to maintain but is not considered as ?. <br />wetland area. The fill will help to channelize the overland flow into <br />a maintainable channel. <br />5. Thisfilling will not create a significant increase in the amount <br />of drainage leaving the Curtis property nor will it have a significant <br />effect on the neighborhood drainage pattern. <br />6. The City Council has considered this applicat.ion including the <br />findings and recommendations of the Plainning Commission, reports by <br />staff and comments of the applicant and the effect of the proposed use <br />on the health, safety and welfare of the community. <br />Page 1 of 3