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The proposal has been submitted to the Minnehaha Creek Watershed District and was granted <br />approval with conditions, including a requirement for security to ensure completion of requirements. <br />The conditions have been met and the permit has been issued. (Exhibit D). The City engineer has <br />also reviewed the proposal and has recommended approval. (Exhibit F). <br />Conditional Use Permit Guidelines: <br />The Planning Commission may recommend and the Council may grant a conditional use permit as <br />the use permit was applied for or in modified form, if on the basis of the application and the evidence <br />submitted, the City makes the following findings; <br />1. That the proposed location of the conditional use is in accord with the objectives of the <br />Zoning Chapter and the purposes of the district in which the site is located and <br />Comprehensive Municipal Plan. <br />The Conditional Use is for land alteration of greater than 500 cubic yards. The land <br />alteration is to occur in a wetland that is an Orono protected wetland, therefore a variance <br />is required. <br />2. That the proposed location of the conditional use and the proposed condition under which <br />it would be operated or maintained would not be detrimental to the public health, safety or <br />welfare, or materially injurious to properties or improvements in the vicinity. <br />No fdl has been placed within the wetland to change its capacity and normal water level. <br />The excavated material will be used on the site. The pond would be a maximum depth of 5 <br />feet and have a 1 foot perimeter bench. <br />3. That the proposed conditional use will comply with each of the applicable provisions of the <br />Zoning Chapter. <br />Because the pond is located in a protected wetland, a variance is required. A conditional <br />use permit is required only because land alteration greater than 500 cubic yards will occur <br />as part of this project. <br />Staff Recommendation: <br />Staff recommends approval of the variance and conditional use permit subject to the following <br />conditions: <br />1. A conservation and flowage easement be granted to the City over the wetland. <br />2. Erosion control measures be in place prior to excavation or construction activities. <br />3. The financial security required by MCWT) is sufficient to cover any City concerns re: <br />completion of the project. <br />U2603 James Renckens <br />3020 Watertown Road <br />Variance/CUP-p. 2