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E) The amount of filling that has occurred is <br />approximately 4,500 to 5,000 cubic yards. <br />F) The fill that has been placed appears to be <br />acceptable clean fill. <br />4. The City Council has considered this application <br />including the findings and recommendations of the Planning <br />Commission, reports by staff and comments of the applicant <br />and the affect of the proposed use on the health, safety# <br />and welfare of the community. <br />5. The City Council finds that granting this after-the-fact <br />conditional use permit to allow placement of fill and site <br />grading will not be be detrimental to the health, safety or <br />general welfare of the public, would not adversely affect <br />light, air nor pose a fire hazard or other danger to <br />neighboring properties, nor will its use depreciate <br />surrounding property values and that the proposed level of <br />use of the property will be in keeping with the intent and <br />objectives of the Zoning Code and Comprehensive Plan of the <br />City. <br />CONCLUSIONS, ORDER AND C'niDITIONS <br />Based upon one or more of the above findings, the Orono <br />City Council hereby grants an after-the-fact conditional use <br />permit per Municipal Zoning Code Section 10.03, Subdivision 19 to <br />permit the placement and grading of fill, subject to the <br />following conditions: <br />1. Remove all fill that has been placed on neighboring <br />property. <br />2. Finish grade entire area (all bank slopes to be 4:1 or <br />flatter). <br />3. Place erosion controls until revegetation is <br />established. <br />4. Seed or sod immediately after final grading. <br />5. No additional fill may be brought onto the property <br />without an additional conditional use permit.