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City of ORON(_ <br />T RESOLUTION OF THE CITY COUNCIL <br />,I <br />NO. <br />D) 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 drainfield but might not <br />solve the back yard flooding problem w-thout a more <br />comprehensive project including 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 Watershed District. <br />4. work done by private property owners which was tacitly <br />allowed by the City, which resulted in channelization of portions <br />of th- upstream watershed, may be contributing to some degr- to <br />th :e of run-off 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 <br />to have no significant effect on nutrient retention or rates or <br />amounts oL run-off downstream from the property. <br />6. The City Council has considered *his pplieation including <br />the findings and recommendations o'. e Pl-.nning Commission, <br />reports by staff and comments of the ;.,pplicant 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 a«ect light, air nor pose a <br />fire hazard or- other danger to nei -,..,�oring 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 intent <br />and objectives of the Zoning Cc .e and Comprehensive Plan of the <br />City. <br />CONCLU-:'qNS, 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 <br />Code Section 10.03, Suhdivision 19 to permit the grading and <br />excavation of a retention Pond and Swale for flood control purposes, <br />subject to the following condition-: <br />1. Applicant shall execute - Deve.toper's Agreement and provide <br />acceptable security for t.hc, project prior to commencement of <br />wl <br />Page 2 of 4 <br />