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4. The applicant conunenced work after making formal application <br />for a conditional use permit but prior to obtaining <br />conditional use permit approval. The work stopped after a <br />"stop work" order was issued by City staff. Although a <br />portion of the project may be located within the City of <br />Wayzata municipal boundaries and a permit has been issued <br />for grading work by the City of Wayzata, City of Orono maps <br />indicate that the majority of the project is within the City <br />of Orono. No justification was given for commencement of <br />the work without the appropriate permit. <br />5. 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 <br />effect of the proposed use on the health, safety and welfare <br />of the community. <br />6. The City Counv^il finds that granting a conditional use <br />permit to allow the proposed land alteration will not be <br />detrimental to the health, safety or general welfare of the <br />public, would not adversely affect light, air nor pose a <br />fire hazard or other danger to neighboring properties, nor <br />will it depreciate surrounding property values and that the <br />proposed level of use of the property will be in keeping <br />with the intent and objectives of the Zoning Code and <br />Comprehensive Plan of the City. <br />rONCLDSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council hereby <br />grants a Conditional Use Permit per Municipal Zoning Code Section <br />10.03, Subdivision 19 to permit the movement of 9,300 cubic yards of <br />earth and the importation of 1,000 cubic yards of topsoil per the <br />grading plan attached to this resolution as Exhibit "B", subject to <br />the following conditions: <br />1, Prior to recommencement of grading, applicant shall provide <br />an erosion control plan that is acceptable to the City <br />Engineer . <br />Page 2 of 7