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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 4 8 5 7 <br />B. The applicants have requested land alteration totaling 1,040 cubic yards, of <br />which 120 cubic yards will be trucked from the property to another location, <br />500 cubic yards will be trucked to the property located at 2150 Abingdon <br />Way, and the remaining 420 cubic yards will be used as a base fill for <br />construction of a tennis court. <br />C. The fill trucked to Lot 5 (2150 Abingdon Way) will be used to correct grade <br />irregularities, cover small stumps and debris, and to eliminate an 18-inch <br />difference in grade from the existing driveway on Lot 6 to Lot 5. <br />D. This property is not within the MUSA and the City does not intend to bring <br />municipal sewer to this area. Maintenance of septic system options is critical. <br />A fence to protect the sites on Lot 5 should be constructed prior to fill <br />moving, and while no storage or trucking is intended to occur beyond the <br />fence. <br />E. The proposed grading and land alteration as proposed is entirely outside the <br />defined wetland areas and outside the 26' wetland buffer. <br />F. The proposed tennis court meets all required setbacks to property lines and <br />wetland buffer areas. <br />5. The City Council finds that granting a conditional use permit to permit 1,040 cubic <br />yards of fill will not be detrimental to the health, safety or general welfare of the <br />public, will not adversely affect light, air nor pose a fire hazard or other danger to <br />neighboring properties, nor will its use depreciate surrounding property values and <br />that the proposed level of use of the property will be in keeping with the intent and <br />objectives of the Zoning Code and Comprehensive Plan of the City. <br />6. The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by staff and comments of the <br />applicants and the affect of the proposed use on the health, safety, and welfare of the <br />community. <br />CONCLUSIONS, ORDER, AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby approves a <br />conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit land <br />alteration of 1,040 cubic yards subject to the following conditions: <br />Page 2 of 5