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a.Both the pressed location and design of the pond present no hazards to <br />the public health, safety or welfare to the immediate neighborhood or to <br />the community. <br />5.The prop>osed location and design of the pond has been found to not be <br />materially injurious to propenies or improvements in the immediate <br />neighborhood. <br />c.The proposed locatioi ami design of the pond within the residential <br />neighborhood has been found to be in accord with the objectives of the <br />Zoning Chapter and purp oses of the Zoning District in which the pond is <br />located. <br />4.The City Council finds that granting a conditional use permit to allow the <br />excavation of a pond within the Type 1 wetland will not be detrimental to the <br />health, safety or general welfare of the public, would not adversely attect lighf <br />air nor pose a fire hazard or other danger to neighboring properties, nor will its <br />use depreciate surrounding property values and that the proposed level of use of <br />the property will be in keeping with the intent and objectives of the Zoning Code <br />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 proposed variance on the health, safety and <br />welfare of the community. <br />CONCLLSIONS. ORDER AND CONDITIONS <br />Based upon one or more of the ab»^ve findings, the Orono City Council hereby <br />crams a conditional use permit per Municipal Zoning Code Section 10.03. Subdivision 19 to <br />allow excavation of 1.650 cubic vards of material within a Type 1 wetland to create an open <br />water area that would occupy approximately 16,500 s.f. or .3 acres. This approval is subject <br />to the following conditions; <br />1 Applicant or applicant ’s contractor shall be responsible for providing an amended <br />grading plan upon application for a staff-issued land alteration permit: the plan <br />to reflect the final estimate of the water level of the pond and contours to reflect <br />a 10:1 bench from the water line to 1’ below the water line of the pond. <br />Pace 2 of 5