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A / <br />City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />2078 <br />B) The pond apparently existed previously as a pond only on <br />an intermittent basisr as indicated by inundated trees <br />present at the perimeter of the existing basin, noting no <br />cattails or other characteristic wetland vegetation at the <br />site. <br />C) The pond area may have previously had an outlet whic!. <br />was filled in during construction of the private road and <br />cul-de-sac. <br />4. The pond is at a very high point in the watershed of Lake <br />Minnetonka, and as previously existed had insignificant value as <br />a storage or nutrient retention area by virtue of a fairly small <br />influent watershed. <br />5. This proposal to excavate the center of the pond area and <br />fill at the perimeter will provide no designated outlet point, <br />creating a basin that by design will capture and retain the <br />current run-off inflow, hence additional storage and nutrient <br />retention will be provided in the watershed, which is a benefit <br />to Lake Minnetonka. <br />6. The City Council has considered this application including <br />the findings and recommendaticns of the Planning Commission, <br />reports by staff and comments of the applicant and the effect of <br />the proposed use on the health, safety and welfare of the <br />community. <br />7. The City Council finds that granting a Conditional Use Permit <br />to allow the grading and filling in this pond area 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 fire <br />hazard or 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 intent <br />and objectives of the Zoning Code and Comprehensive Plan of the <br />City. <br />COHCLOSIOHS, ORDER AHD COMDITIOIIB <br />Based upon one or more of the above findings, the Orono City <br />Council hereby grants a Conditional Use Permit per Municipal Zoning <br />Code Section 10.03, Subdivision 19 to permit the grading and <br />excavation of a wildlife pond, subject to the following ccnditionst <br />Page 2 of 4