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b. The purpose of the original application was to create open water areas in <br />an attempt to remove algae from the pond and reduce the odors that <br />impacted the surrounding neighborhood. <br />c. The 80 cubic yards of spoils consist of muck, branches and weeds that have <br />clogged the pond along the south side. <br />d. Maintenance dredging has been required nine years after the original <br />dredging improvement because of original construction problems resulting <br />from the attempt to create a 12' deep open water area in the middle of the <br />pond and with the installation of lawn area surrounding pond along the <br />south side on property located at 1625 Bohns Point Road. <br />e. The proposed improvement will have no impact on the road improvements <br />completed by City in 1987 nor will it have an impact on the intent and <br />purpose of the original plan of improvement for the pond. <br />The Council finds tha: the conditions existing on this property are peculiar to it and <br />do not apply generally to Outer property in this zoning district; that granting the <br />variance would not adversely affect traffic conditions, light, air nor pose a fire <br />hazard or other danger to neighboring properties, would not merely serve as a <br />convenience to the applicant, but is necessary to alleviate a demonstrable hardship <br />or difficulty; is necessary to preserve a .substantial property right of the applicant; <br />and would be in keeping witlt the spirit and intent of the Zoning Code and <br />Comprehensive Plan of the City. <br />The City Council finds that granting a conditional use permit to allow the <br />maintenance dredging of approximately 80 cubic yards of spoils from the existing <br />open water pond will not be detrimental to the health, safety or general welfare of <br />the public, would not adversely affect light, air nor pose a fire hazard or other <br />danger to neighboring property, nor will its use depreciate surrounding property <br />values and that the proposed level of use of the property will be in keeping with <br />the intent and objectives of the Zoning Code and Comprehensive Plan of the Cirv. <br />Pace 2 of 5