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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />X <br />D) The combination of pond excavation and associated fill to <br />direct the drainage away from applicant's drainfield may have <br />some beneficial effect on the rainfield but might not solve the <br />back yard flooding problem withcut a more comprehensive project <br />including neighboring properties downstream. The applicant has <br />acknowledged that this project may not solve the entire flooding <br />prohiem. <br />E) The applicant has obtained the required permit from the <br />Minnehaha Creek Watershed District. <br />4. Work done by private property owners which was tacitly allowed by <br />the City, which resulted in channelization of portions of -he upstream <br />watershed, may be contributing to some degree to the rater of run-off <br />reaching applicant's property. <br />5. The proposed grading and excavation will have no anticipated <br />effect on the watershed upstream of the property, and is expected to <br />have no significant effect on nutrient retention or rates or amounts <br />of run-off downstream frcm the property. <br />6. The City Council haE considered this applicaticn including the <br />findings and recommendations of the Planning Commission, reports by <br />staff and comments of the applicant and the effect of the proposed use <br />on the health, safety and welfare of the community. <br />7. The City Council finds that granting a Conditional U!;e Permit tc <br />allow the grading and excavation of a retention pond and swa le will <br />not be detrimental to the health, safety or general ael.fare of the <br />public, would not ad vers=ly affect light, air nor pose a fire hazard <br />or other danger to neighboring properties, nor will it depreciate <br />surrounding property values and that the proposed level of use of the <br />property will be in keeping with the intent and objectives of the <br />Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based <br />upon one or more of the <br />above findings, the Orono <br />City <br />Council hereby <br />grants a Conditional Use <br />Permit per Municipal Zoning <br />Code <br />Section 10.03, <br />Subdivision 19 to permit <br />the grading and excavation <br />of a <br />retention pond <br />and swale fer flood control <br />purposes, subject to <br />the <br />following conditions: <br />1. Pri.or to the City issuing a land alteration permit to the <br />applicant, the applicant :rust complete the following: <br />A) Execute a Developer's Agreement and provide a letter of <br />credit (City to determine the am.-)unt of the letter o` credit) to <br />1,e effe^tive for one year, <br />Page 2 of 4 <br />