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5. The City Council finds that granting a conditional use <br />permit to allow the proposed land alterations 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 its use depreciate surrounding property values and that <br />the 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 />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono <br />City Council hereby grants a conditional use permit pursuant to <br />Municipal Zoning Code Section 10.03, Subdivision 19 to permit <br />grading and filling work in excess of 100 cubic yards and outside <br />the scope of the normal building permit grading approval, subject <br />to the following conditions; <br />1. Absolutely no grading work will be allowed in the 0-75' <br />lakeshore setback zone. <br />2. Grading work shall adhere to the approved plan attached <br />hereto as Exhibit A, with the following stipulations: <br />A) The swales around the mound system must carry a 2% <br />or steeper grade to minimize the possibility of <br />standing water adjacent to the mound. <br />B) The swale along the west lot line shall be <br />constructed to keep the majority of the drainage on the <br />site. <br />3. Upon completion of the grading, applicant or applicant's <br />contractor shall provide appropriate erosion control <br />measures as may be required by the City Inspector, to be <br />maintained until such time that the graded area is <br />revegetated. <br />4. Applicant or applicant's contractor shall obtain the <br />necessary grading permit prior to commencement of this <br />project. <br />5. Violation of or non-compliance with any of the terms and <br />conditions of this resolution shall constitute a violation <br />of the Zoning Code, shall automatically terminate any <br />authority granted herein, and shall be punishable as a <br />misdemeanor. <br />Page 2 of 4