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5.The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City Staff, comments by <br />the applicants and the effect of the proposed variance on the health, safety and <br />welfare of the community. <br />CONCLUSIONS, ORDER, AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby grants <br />variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit construction of an <br />attached garage 1 7.76 ’ to the street property line where 35 ’ is required, and to permit construction on <br />a property less than one acre in size; and to Section 10.55, Subdivision 8 to permit land alteration <br />and construction of a garage and walkway within the 26’ wetland buffer subject to the follow ing <br />conditions; <br />1. <br />2. <br />3. <br />4. <br />5. <br />7. <br />The property owners shall mitigate a total of 2,1 80 s.f. of wetland on the property to <br />compensate for the wetland buffer lost, as also required by the MCWD. <br />Site will be graded to direct stormwater away from the wetlands and into the ditch <br />along Wildhurst Trail. <br />All silt fence shall be installed prior to any clearing, filling or grading activity. Silt <br />fence shall remain in place until all vegetation has been established. <br />The City shall review the proposed driveway design and determine the appropriate <br />access to the property. <br />A public drainage, utility and access easement shall be granted over the south 20' of <br />the property. <br />6. No grading or heavy equipment should be allowed within the easement area. <br />Final site grading and drainage plan shall be approved by the City Engineer and <br />MCWD. <br />8. Site shall be developed in conformance with the site plan attached hereto as Exhibit <br />A. <br />Page 3 o£ 6 <br />1-^^^ Iff‘I ~nii%-e^i~ifii>riii