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C) The encroachment is deemed minimal by both the <br />Minnehaha Creek Watershed District and the Corp of Army <br />Engineers. The Corp has granted a national permit <br />because the land alteration will encroach less than <br />10^000 s.f. of the wetland. The fill will affect 16% <br />or 7,900 s.f. of the total wetland area. <br />D) The alteration of the wetlands will not involve the <br />constructxon of ditching, but flowage will be allowed <br />to fan out over the grass land areas. <br />E) The applicants have provided a minimal amount of <br />additional retention area to mitigate the filling of <br />the wetlands. Both the City of Orono and the M.C.W.D. <br />will nor ask for additional retention area to mitigate <br />the filling for road construction within the wetlands. <br />4. The City Council finds that the conditions existing on <br />this property are peculiar to it and do rot apply generally <br />to other property in this zoning district; that granting the <br />variance would not adversely affect traffic conditions, <br />light, air nor pose a fire hazard or other danger to <br />neighboring properties; would not merely serve as a <br />convenience to the applicant but is necessary to <br />alleviate a demonstrable hardship or difficulty; is <br />necessary to preserve a substantial property right of th <br />applicants; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the <br />City. <br />5. The City Council finds that granting a conditional use <br />permit to allow the installation of a driveway 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 />Page 2 of 5 <br />I