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-- <br />City of OROINO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 2118_________ <br />i <br />5. The pond to be maintenance-dredged was originally created many <br />years prior to its designation as a protected wetland. The <br />maintenance dredging is not intended to enlarge the area of the pond <br />nor change its original character, but may provide additional sediment <br />accumulation value within the pond. <br />6. The City Council finds that the conditions existing on this pro­ <br />perty are peculiar to it and do not apply generally to other property <br />in this zoning district; that granting the variance would not <br />adversely affect traffic conditions, light, air nor pose a fire hazard <br />or other danger to neighboring properties; would not merely serve as a <br />convenience to the applicant, but is necessary to alleviate a demon­ <br />strable hardship or difficulty; is necessary to preserve a substantial <br />property right of the applicant; and would be in keeping with the <br />spirit and intent of the Zoning Code and Comprehensive Plan of the <br />City. <br />7. The City Council finds that granting a conditional use permit to <br />allow the proposed dredging and grading projects will not be <br />detrimental to the health, safety or general welfare of the public, <br />would not adversely affect light, air nor pose a fire hazard or other <br />danger to neighboring properties, nor will it depreciate surrounding <br />property values and that the proposed level of use of the property <br />will be in keeping with the intent and objectives of the Zoning Code <br />and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City <br />Council hereby grants a variance to Municipal Zoning Code Section 10.55, <br />Subdivision 8 to peirmit the maintenance dredging of a golf course pond that <br />is a City-designated protected wetland, and a conditional use permit per <br />Section 10.03, Subdivision 19 for maintenance grading and excavation of <br />pond and drainage ditches, subject to the following conditions: <br />1. Maintenance dredging of the pond shall not alter the existing <br />boundaries of the pond. <br />2. Dredge spoils from the pond shall be removed from the site. <br />3. A silt fence shall be placed at the pond outlet during the <br />dredging operation to trap any suspended sediments resulting from the <br />project. <br />4. Ditch maintenance spoils may be placed on the site near the <br />drainage ditches as proposed for berming/fill purposes and shall be <br />immediately seeded after placement. <br />Page 2 of 4