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02-12-1996 Council Packet
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02-12-1996 Council Packet
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or difficulty; is necessary' to preserv’c a substantial property' right of the applicant, and <br />would be* in keeping with the spirit and intent of the Zoning Code and <br />Comprehensive Plan of the City. <br />5. The City Council finds that granting a conditional use permit to allow the excavation <br />of a wildlife pond and fiHing adjacent to the designated wetland will not be <br />detrimental to the health, safety or general welfare of the public, w ould not adversely <br />affect light, air nor pose a fire hazard or other danger to neighboring property, nor <br />w ill its use depreciate surrounding property values and that the proposed level of use <br />of the property 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 Council hereby grants <br />a variance to Municipal Zoning Code Section 10.55. Subdivision 8 and a conditional use permit per <br />Section 10.03, Subdivisions 19 and 20 that would allow the excavation ot 270 cubic yards of spoils <br />from a desiunated wetland to create a wildlife pond and the placing of e.xcavated materials on the <br />property, portions of which will be located within 26' of the designated wetland, subject to the <br />following conditions; <br />1..Applicants shall grant a Conservation and Flowage Easement over the designated <br />wetland located within the southeast corner of the property. <br />All erosion control as shown on grading plans by Mark S. Grcnberg dated October <br />18. 1995, most revised date February 1, 1996 shall be installed prior to any land <br />alteration or disturbance of existing groundcover within the designated wetland or <br />within 26 ’ of the wetland. Erosion control may be varied at any time during these <br />alterations at either the request of the City Engineer or the Orono Building Staff <br />All spi)ils excavated from the wetlands shall be stored in an upland area and secured <br />with appropriate erosion control until the spring when spoils are in a condition <br />suitable for contouring of bank. Final grading shall be completed in late April or <br />earlv May of 1996. Seeding with a suitable wetland mixture shall be completed no <br />later than June 15, 1996. <br />Pace 3 of 5
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