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*>/: ■:■- ■. , , .,r; :;.r ••.. = : ;■:.• ■ • •. •: . •. : ...V v- .. ♦: •' •I mi' \ ■ Pi-e-■t'j <br />'J5a <br />'MS <br />yjit. < -'::m. <br />fe: >^-:.:s <br />,.iiii <br />9* -felt! »•• <br />^■i* <br />. f <br />:■■ ■-: <br />iiila <br />iiiSii <br />.\i <br />telM X <br />4; <br />X-. r l <br />'<!■*§ ■^■43^ri •<v ■ •Wk.'■‘4^City of ORONOmRESOLUTION OF THE CITY COUNCILNO. 2Q83 __________% > £.iui The combination of pond excavation and associated fill to direct the drainage away from applicant's drainfield may <br />have soB^ beneficial effect on the drainfield but might not <br />solve the back yard flooding problem without a more <br />comprehensive project including neighboring properties <br />downstream. The applicant has acknowledged that this <br />project may not solve the entire flooding problem. <br />E) The applicant has obtained the required permit frcwn the <br />Minnehaha Creek Watershed Listrict. <br />4. Work done by private property owners which was tacitly <br />allowed by the City, which resulted in channelisation of portions <br />of the upstream watershed, may be contributing to some degree to <br />the rate of run-off reaching applicant's property. <br />5. The propoced grading and excavation will have no anticipated <br />effect on the watershed upstream of the property, and is expected <br />to have no significant effect on nutrient retention or rates or <br />aunounts of run-off downstream from the property. <br />6. The City Council has considered this application including <br />the findings and recommendations of the Planning Commission# <br />reports by staff and comments of the applicant and the effect of <br />the proposed uf.e on the health, safety and welfare of the <br />community. <br />7. The City Council finds th« v granting a Conditional Use Permit <br />to allow the grading and excavation of a retention pond and swale <br />will not be detrimental to the health, safety or general welfare <br />of the public, would not adversely affect light, air nor pose a <br />fire hazard or other danger to neighboring properties, nor will <br />it depreciate surrounding property values and that the proposed <br />?evel of use of the property will be in keeping with the intent <br />and objectives of the Zoning Code and Comprehensive Plan of the <br />City. <br />CONCLUSIONS# ORDER AND CONDITIONS <br />Based upon one or more of the above findings# the Orono City <br />Council hereby grants a Conditional Use Permit per Municipal Zening <br />Code Section 10.03# Subdivision 19 to permit the gracing and <br />excavation of a retention pond and swale for flood control purposes, <br />subject to the following conditions: <br />1. Applicant shall execute a Developer's Agreement and provide <br />acceptable security for the project prior to commencement of <br />work. <br />Page 2 of 4 <br />w: <br />: ili> <br />ti: ■■ ^ <br />mm <br />JSW-. <br />mm <br />km <br />■■tl <br />- <br />L‘" - <br />mrnmm <br />4'TV'' <br />^47 <br />y .V <br />■•X' <br />;',"vVv.;Ss <br />a <br />40 <br />pSii:W <br />. ' . .. V&'- <br />II ‘ <br />m <br />■X: <br />m <br />5L41