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b. The property is impacted by noise from the school's athletic fields. <br />c. <br />d. <br />e. <br />The proposed berm will not negatively impact drainage on the property or <br />adjacent property. <br />The applicant has secured permission from the school to provide truck <br />access through the school property. <br />The City has received no comments from the property owners notified of <br />the proposed berm. <br />4. The City Council finds that granting a conditional use permit to allow the <br />installation of a berm will not be detrimental to the health, safety or general <br />welfare of the public, would not adversely affect light, air nor pose a fire hazard <br />or other danger to neighboring property, nor will its use depreciate surrounding <br />property values and that the proposed level of use of the property will be in <br />keeping with the intent and objectives of the Zoning Code and Comprehensive Plan <br />of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivisions 19 and <br />20 to allow for the construction of a berm 350’ in length and 10’ in height to be located on the <br />easterly property line where no such activity is normally allowed. The above conditional use <br />permit is subject to the following conditions: <br />1. The berm shall be constructed at a 3:1 slope. <br />2. <br />3. <br />The berm shall be landscaped with grass and trees when completed and seeded <br />during construction to prevent erosion. <br />The applicant shall update City staff annually as to the progress of the berm <br />construction. The applicant will have 30 months to construct the berm from date <br />of final approval. <br />Page 2 of 4