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It <br />protected wetland per Section 10.03, Subdivisions 19-21 will not be detrimental to <br />the health, safety or general welfare of the public, will not adversely affect light, <br />air nor pose a fire hazard or other danger to neighboring properties, nor will its use <br />depreciate surrounding property values and that the proposed level of use of the <br />property will be in keeping with the intent and objectives of the Zoning Code and <br />Comprehensive Plan of the City. <br />7.The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by staff and comments of <br />the applicant and the affect of the proposed use on the health, safety, and welfare <br />of the community. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants an after the fact conditional use permit per Municipal Zoning Code Section 10.03, <br />Subdivisions 19-21, to permit excavation of greater than 500 cubic yards for construction of a <br />pond, subject to the following conditions: <br />1. Pond shall remain as shown on the survey dated March 17, 2000. A copy is <br />attached to this resolution as Exhibit A. <br />2.A protective covenant shall be filed in the chain of title of the affected properties <br />as an advisory to property owners the wetland is subject to WCA regulation. <br />3.A final as built survey, indicating finished elevations of the pond, shall be <br />submitted to the City and accepted by the City Engineer. <br />Applicants shall provide verification of a MCWD permit that has been approved <br />for the pond construction. <br />5.A Conservation and Flowage Easement granted over the protected area to ensure <br />restoration of natural vegetation. <br />Page 3 of 7