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0 0 CITY of ORONO Aq ti ti RESOLUTION OF THE CITY COUNCIL SIIO4�G NO. 5i i 19 3. The Planning Commission reviewed the application for a variance and a conditional use permit at a public hearing held on February 17,2004 and recommended approval by a vote of 5-0 based on the following findings and hardships: A) Applicant requests variance approval for filling of a small portion of a City-protected wetland located mostly within applicant's property but partially within the neighboring property.The fill is intended to allow for the establishment of woody vegetation along the western property boundary.The 2,135 s.f.fill area will convert approximately 10%of the existing wetland from a shallow open water wetland to a wetland with saturated soils.The project also involves excavation of adjacent upland to create new wetland,requiring a conditional use permit. B) The property contains a small wetland which was modified in the 1950's (based on airphoto evidence)by dredging to make it deeper. The wetland since that time has generally had the characteristics of an open water pond. C) As a result of legal vegetation removals by the neighboring property owner to the west,the applicant's view over the pond area has changed,and now he views the neighboring residence rather than a wooded area. Because the far shore of the pond is on the neighboring property,applicant is proposing fill in a portion of the pond just inside his property boundary to create a"berm",which will allow the establishment of wooded vegetation to regain some of the wooded character of the lot and provide a buffer to the neighboring property. D) The applicant has engaged a variety of professionals to design a project that would meet the Wetland Conservation Act(WCA)guidelines for a wetland restoration,No-Loss status. The Minnehaha Creek Watershed District as the designated LGU for Orono has approved the fill and excavation project as a `No-Loss' wetland restoration based on reducing the impacts of wetland excavation that occurred in the 1950's,subject to certain conditions including submittal of a declaration for preservation of the wetland buffer which must be executed and recorded,and subject to ongoing monitoring and reporting of the wetland mitigation project for a five-year period. E) John Smyth, Water Resource Specialist with Bonestroo & Associates, the City's engineering and environmental consultants,has recommended approval of the project, noting that the project will result in an overall improvement to the wetland. Smyth noted Page 2 of 7