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4. The City Council finds that granting a conditional use permit to allow the <br />dredging of open water area within the Type 7 wetland located to the northwest <br />of the property will not be detrimental to the health, safety or general welfare <br />of the public, would not adversely affect light, air nor pose a fire hazard or <br />other danger to neighboring properties, 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 <br />Plan of the City. <br />5. The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City staff, comments <br />by the applicant and the effect of the proposed variance on the health, safety <br />and welfare of the community. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above f.ndings, the Orono City Council hereby <br />grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to <br />permit the dredging of an open water area within a Type 7 w'etland and the placing of spoils <br />on upland areas on applicant's adjacent property, subject to the following conditions; <br />1.This permit does not include any approvals to alter or dredge areas within the <br />Type 7 wetland, "Hardwood Swamp", located in applicant’s street yard or at the <br />southeast corner of property. The City recommends that the wetland remain in <br />its natural state and that applicant be allowed to plant appropriate species of <br />trees and other aquatic vegetation. Prior to any planting within the Hardwood <br />Swamp, applicant shall provide a schedule of the plantings for review of City <br />staff. Plantings shall be under the supervision of the Inspection staff <br />Prior to any dredging or filling activities on the propeny. applicant or applicant’s <br />representative shall be responsible for staking the Type 1 or 2 wetland located <br />within Lot 3 to the immediate north. In addition, applicant or applicant’s <br />representative shall be responsible for fencing off septic sites on Lots 3 and 4. <br />Applicant/owner shall be responsible for maintaining adequate erosion control <br />until ground cover is restored to entire disturbed area <br />Page 3 of 5