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4. The Planning Commission made the following findings of fact: <br />A. Painter's Creek between South Katrina Marsh and County Road 6 has <br />become obstructed by sediment deposits and fallen trees. <br />B. Several property owners along Creekwood Trail within the Painter's Woods <br />Subdivision and along County Road 6 would be affected by the proposed <br />restoration project. The Minnehaha Creek Watershed District shall obtain <br />easements from the individual property owners to permit access to the site. <br />C. Ail excavated material will be removed from the project area via County <br />Road 6. Because of the type of material being transported and the time of <br />year the project will commence, there is a public safety concern regarding <br />any spillage on public roads. The Minnehaha Creek Watershed District <br />shall be the responsible party for material leaving the project area. <br />D. Dredging Painter's Creek will benefit the area by allowing the Katrina <br />Marsh and areas upstream to drain. Potential flocamg would be less likely <br />to occur once the creek is open. <br />5. <br />5. <br />The City Council finds that granting a conditional use permit for work within <br />Painter's Creek will not be detrimental to the health, safely or general welfare of <br />the public, would not adversely affect light, air nor pose a fire hazard or ether <br />danger to neighboring properties, nor will its use depreciate surrounding property <br />values and that the proposed level of use of the property will be in keeping with the <br />intent and objectives of the Zoning Code and Comprehensive Plan of the City. <br />The City Council has considered this application including the findings and <br />recoinmendat ’ons 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 />Page 2 of 5