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� . � , - � O� � • O O ��b. - CITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL �9kESH.�4�' � NO. ..� 4� `� �� l. This application was reviewed as Zoning File #2569. , 2. The properties are located in the RR-1B Zoning District. , 3. A small open water pond did exist prior to the expansion. It is not clear whether the pond was natural or was dredged. The pond was located at the south end of a non-Orono wetland. In 1974 the City of Orono defined certain wetlands that were primarily Types 3, 4, 5 and 6 as protected. Those wetlands identified by the City of Orono are protected and no land alteration is permitted within the wetland and � the 26' around the wetland. Expansion of the pond occuned in a wetland that the City has not identified as protected. No variance is required for the expansion. 4. City of Orono Staff observed on February 14, 2000 that excavation had occurred on properties located at 1880 Fox Street and 1700 Fox Street for construction of pond without obtaining pemuts from the City of Orono. • 5. The Planning Commission reviewed the conditional use permit request and recommended approval by a vote of 5 to 0 based on the following fmdings: A. The pond has not added any fill or decreased the storage capacity of the wetland. B. The applicants will enter into an agreement to ensure full restoration of natural vegetation around the pond. The property owners have agreed to grant a conservation and flowage easement over the entire wetland area, to . include the pond. C. The proposed conditional use is in accordance with all other provisions of the Municipal Code. � D. All excavated material was removed from the property at the time of construction. 6. The City Council fmds that granting a conditional use pernut to permit excavation � of greater than 500 cubic yards for a pond construction within a non-Orono • Page 2 of 7