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CITY of ORONO RESOLUTION OF.THE CITY COUNCIL NO. 42-6.8 6. The City Council finds that granting a conditional use permit to allow grading within 5' of the property line will not be detrimental to the health, safety or general welfare of the public, will not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivisions 19-21, to permit grading within 5' of the property line, subject to the following conditions: 1. The proposed grading for the driveway may result in diversion of surface runoff onto the northern property. Appropriate drainage rights must be secured from the adjacent property owner. 2. The applicant should provide detailed information about the size and type of trees that will be removed or affected by the development of the lot and construction of the driveway. 3. The root zones of trees and woods to remain are to be fenced and maintained as off limits to construction activities. 4. A field wetland delineation and survey shall be provided where the drive crosses. A 26' wetland setback shall be maintained. 5. The applicant shall obtain the appropriate permits from the Minnehaha Creek Watershed District (MCWD) and a land alteration permit from the City. Page 2 of 4