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City of ORONO <br />.� RESOLUTION OF THE CITY COUNCIL <br />NO. 2083 <br />of <br />. ` <br />;0)) The combination of pond excavation and associated fill <br />to direct the drainage away from applicant's drainfield may <br />have some beneficial effect on the drainfieid but might not <br />solve the back yard flooding problem without a more <br />comprehensive project inr!::jing neighboring properties <br />downstream. The applicant has acknowledged that this <br />project may not solve the entire flooding problem. <br />E) The applicant has obtained the required permit from the <br />Minnehaha Creek Watersht-d District. <br />4. Work done by private property owners which was tacitly <br />allowed by thy-_ City, ;which resulted in channelization of portions <br />of the upstream watershed, may be contributing to some degree to <br />the rate of run-off reaching applicant's property. <br />S. The proposed grading and excavation will have no anticipated <br />effect on the watershed upstream of the property, and is expected <br />to have no significant effect on nutrient retention or rates or <br />amounts of run-off downstream from the property. <br />6. The City Council has considered this application including <br />the findings and recommendations of the Planning Commission, <br />reports by staff and comments of the applicant and the effect of <br />the proposed use on the health, safety and welfare of the <br />community. <br />7. The City Council finds that granting a Conditional Use Permit <br />to allow the grading and excavation of a retention pond and Swale <br />will not be detrimental to the health, safety or general welfare <br />of the public, would not adversely affect light, air nor pose a <br />fire hazard cr other danger to iieighbor.ing properties, nor will <br />it depreciate surrounding property values and that the proposed <br />level of use of the property will be in keeping with the invent <br />and objectives of the 7oninq Code and Comprehensive filar of :he <br />City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Posed <br />upon one or more of <br />the above findings, the Crono City <br />Council hereby <br />grants <br />a Conditional <br />Use Permit per municipal 70ninq <br />Code Section <br />10.C3, <br />Sut,division <br />19 to permit the grading and <br />excavation of a retent <br />pond and <br />rswa le for flood control purposes, <br />subject to the <br />followi <br />nditions: <br />1. Applicant *hall execute a Developers Agremwn• and provide <br />acceptable security for the project prior to commencement of <br />work. <br />Page 2 of 4 <br />