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C) <br />The aJdifional excavation to a 4-5’ depth will not hinder the functionin!^ <br />of the pond as a sediment trap and in the City Engineer’s opinion will <br />enhance that function. <br />All mature trees located within the drainage easement will not be removed <br />as a result of the improvements. <br />The entire disturbed area shall be restored to its former natural state. <br />4. The City Council firn.'s that granting a conditional use permit to allow the <br />excavation of the sediment pord will not be detrimental to the health, safety or <br />genera! welfare of the public, would not adversely affect light, air nor pose a fire <br />hazard or other danger to neighboring properties, not will its use depreciate <br />surrounding propeny values and that the proposed level of use of the property <br />will be in keeping with the intent and objectives of the Zoning Code and <br />Compreheasive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon ;vk or more of the above findings, the Orono City Council hereby <br />grants a conditional us^ ;>ermit per Municipal Zoning Code Section 10.03, Subdivision 19 to <br />Albert and Sally Douge Hanser that would allow the excavation of a sediment pond at <br />approximately S’S" deep within an 8,000 s.f. area located within a public drainage easement, <br />subject to the following conditions: <br />1.All excavated materials to be used for residential construction should be fenced <br />off with silt fence for erosion control. All disturbed areas should be restored to <br />their natural suUc. Excavated materials shall be placed so that surface runoff will <br />not allow sediment or nutrients to flow back into pond or low areas that interact <br />with wetlands to northeast. <br />Applicants are encouraged to work with the City of Orono Public V/orks <br />Department so that additional alterations proposed by City within drainage <br />easement area can be completed at the same time. Ail excavation work must be <br />completed within the winter months while ground is still in frozen condition. <br />Page 2 of 5