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5. The City Council finds that granting a conditional use permit <br />to allow the excavation of this pond area will not be detrimental <br />to the health, safety or general welfare of the public, would not <br />adversely affect light, air nor pose a fire hazard or other <br />danger to neighboring properties, nor will it depreciate <br />surrounding property values and that the proposed level of use of <br />the property will be in keeping with the intent and objectives of <br />the Zoning Code and Comprehensive Plcn of the City. <br />CONCLUSIONS, 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 excavation of approximately 1700 <br />cubic yards of fill to expand an existing small pond, subject to the <br />following conditions: <br />1. 1 dredged spoils to be trucked off site. <br />2. Proposed stone wall to be at least 75* back from the <br />shoreline of the adjacent artificial lake. <br />3. Adhere to indicated plan, with 5* maximum depth at center of <br />pond, l'-l*6" depth at pond border. <br />4. Stone platform patio area extending into pond is approved as <br />a part of the project. <br />5. Applicant or applicant's agent shall obtain the required land <br />alteration permit prior to commencement of work on the pond. <br />6. Applicant and applicant's contractor shall place and maintain <br />appropriate erosion control methods (silt fence, etc.) to keep <br />any of the disturbed areas or temporarily dredged spoils <br />moving into the adjacent lake. Upon final grading, the disturbed <br />areas shall be immediately seeded or sodded to minimize erosion. <br />7. Violation of or non-compliance with any of the terms and <br />conditions of this resolution shall constitute a violation of the <br />Zoning Code, shall automatically terminate any authority granted <br />herein, and shall be punishable as a misdemeanor. <br />8. The undersigned owner has read, understood and hereby agrees <br />to the terms of this resolution and on behalf of himself, his <br />heirs, successors and assigns, hereby agrees to the recording of <br />this resolution in the chain of title of the property. <br />Page 2 of 4