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4. The City Council has considered this application 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 />5. The City Counci 1 f inds that granting a Conditi ona 1 Use Permit to <br />allow the filling and grading of approximately 10,000 cubic yards of <br />fill will not I- detrimental to the health, safety or general welfare <br />of the publi-, would not adversely affect light, air nor pose a fire <br />hazard or other danger to neighboring properties, nor will it <br />depreciate surrounding property values and that the proposed level of <br />use of the property will be in keeping with the intent and objectives <br />of the Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIOi ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City <br />Council hereby grants a Conditional Use Permit per Municipal Zoning Code <br />Section 10.03, Subdivision 19 Lo permit the filling and grading of <br />approximately 10,000 cubic yards of fill on the property, subject to the <br />following corditions: <br />1. The area where fill is placed must be seeded .s soon as the final <br />gravies are approved by the City. <br />2. All work shall be performed per the specifications set forth in <br />the approved plans, prepared by McCombs Frank Roos Associates dated <br />8/4/88 and revised plans showing typical cross ction of dike, rip - <br />rap sections and restoration plan and by conditions set Fortr 1.?y the <br />M.C.W.D. and the City of Orono. <br />3. Violation of or non-compliance with any of the terms and condi- <br />tions of this resoluti,_.. shall constitute a violation of the zoning <br />code, shall automatically terminate any authority granted herein, and <br />shall be punishable as a misdemeanor. <br />4. The undersigned owner has read, understood and hereby agrees to <br />the terms of this reso'Aution and on behalf of Washington Scientific, <br />Inc., its successors and assigns, hereby agrees to the recozding of <br />this resolution in the chain of title of the property. <br />Page 2 u_` 4 <br />V <br />