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■.i)’ <br />ft' <br />% <br />r'-. <br />kC <br />• '^1:' <br />t> <br />‘i,’ <br />> <br />Kr <br />»i'‘•A:F- <br />P-J;h..- <br />ft-' <br />► r S: <br />K <br />:<v <br />k <br />t' <br />r>reserve a substantial property right of the applicant; and <br />would be in keeping with the spirit and intent of the Zoning <br />Code and Comprehensive Plan of the City. <br />6.The City Council finds that granting a conditional use <br />permit to allow the proposed excavation, filling and grading <br />within a designated wetland area will not be detrimental to <br />the health, safety or general welfare of the public, would <br />not adversely affect light, air nor pose a fire hazard or <br />other danger to neighboring properties, nor will it <br />depreciate surrounding property values and that the proposed <br />level of use of the property will be in keeping with the <br />Intent and objectives of the Zoning Code and Comprehensive <br />Plan of the City. <br />CONCLOSIONS, OR AND CONDITIONS <br />Baaed upon one or more of the above findir jS, the Orono City <br />Council hereby grants a variance to Municipal Zoning Code Section <br />10.55, Subdivision 8 and grants a conditional use permit per Sections <br />10.55, Subdivisions 10 - 12 and Section 10.03, Subdivision 19, to <br />allow land alterations within a designated wetland per the approved <br />plans attached as Exhibit A, subject to the following conditions: <br />1.Applicant shall conform to all construction and site <br />protection requirements recommended by the City Engineer and <br />as may be required by the Watershed District, the DNR, and <br />the Corps of Engineers. <br />2.Silt fencing and other required erosion controls shall be <br />maintained in place during the period of excavation and <br />until revegetation is accomplished. <br />3. <br />4. <br />Applicant shall adhere to the revegetation plan as proposed. <br />Applicant shall grant a flowage and conservation easesient <br />over the entire wetland area defined by elevation contour <br />931.5, plus a 15' easement extending the the 0" PVC culvert <br />at Navarre Lane. The legal description for such easement <br />shall be provided by the applicant's surveyor. No land <br />•Iteration permit shall be issued to the applicant until <br />such easesient has been properly executed by the applicant. <br />Page 3 of 6