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The proposal as amended will present no hazards for the public who use <br />the adjacent public roadway. <br />The applicant ’s proposal has received approvals from the Minnehaha <br />Creek Watershed District and Army Corps of Engineers. <br />d.The proposal will have no negative impacts on the adjacent residential <br />properties within the immediate Kelly Avenue neighborhood. <br />4.The City Council finds that granting a conditional use permit to allow the creation <br />of an open water area or Type 3 wetlands within the street yard of this lakeshore <br />property' will not be detrimental to the health, safety or general welfare of the <br />public, would not adversely affect light, air nor pose a fire hazard or other danger <br />to neighboring properties, nor will its use depreciate surrounding property values <br />and that the proposed level of use of the piopeny will be in keeping with the <br />intent and objectives of the Zoning Code and Comprehensive 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 i^roposed variance on the health, safety and <br />welfare of the community. <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, Subdivision 19 to <br />permit the excavation and creation of a Type 3 wetland involving the movement of <br />approximately 600 cubic yards of fill within the street yard of the lakeshore property, subject <br />to the following conditions: <br />1.Applicant shall apply for a land alteration perimt from the City before work can <br />commence. Applicant or applicant ’s contractor shall provide the following <br />information with the permit application: <br />a.Grading plans showing cross-section/profile of wetland to reflect <br />graduated banks not to exceed 3:1 slopes and a maximum depth at the <br />middle of wetland to not exceed 8 feet. <br />Page 2 of 4