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.4°'�, X�n r <br /> � -�; � ?� . 't"'.. . ' t ' . . . <br /> . . � . �,' �;,�, ,; y..n• <br /> � O� <br /> • O • O <br /> �b. � � CITY of ORONO <br /> � � <br /> ti <br /> ��� �L'�' RESOLUTION OF THE CITY COUNCIL <br /> � �kESH�g' NO. `s3 � � � <br /> or difficulty;is necessary to preserve a substantial property right of the applicant; and <br /> would be in keeping with the spirit and intent of the Zoning Code and <br /> Comprehensive Plan of the City. <br /> 5. The City Council Finds that granting a conditional use permit to allow the excavation <br /> of a wildlife pond and filling adjacent to the designated. wetland will not be <br /> detrimental to the health, safety or general welfare of the public,would not adversely <br /> affect light, air nor pose a fire hazard or other danger to neighboring property, nor <br /> will its use depreciate surrounding property values and that the propose�i 1Pve1 of use <br /> of the property will be in keeping with the intent and objectives of the Zoning Code <br /> and Comprehensive Plan of the City. <br /> COlVCLUSIONS, ORDER AND CONDITIONS <br /> • Based upon one or more of the above findings,the Orono City Council hereby grants <br /> a variance to Municipal Zoning Code Sectiqn 10.�5, Subdivision 8 and a conditional use permit per <br /> Section 10.03, Subdivisions 19 and 20 that would allow the excavation of 270 cubic yards of spoils <br /> from a designated wetland to create a wildlife pond and the placing of excavated materials on the <br /> property, portions of which will be located within 26' of the designated wetland, subject to the <br /> following,conditions: <br /> 1. Applicants shall grant a Conservation and Flowage Easement over the designated <br /> wetland located within the southeast corner of the property. - <br /> 2. All erosion control as shown on grading plans by Mark S. Gronberg dated October � <br /> 18, 1995, most revised date February 1, 1995 shall be installed prior to any land <br /> alteration or disturbance of existing groundcover within the designated wetland or <br /> within 26' of the wetland. Erosion control may be varied at any time during these <br /> alterations at either the request of the City Engineer or the Orono Building Staff. <br /> ;. All spoils excavated from the wetlands shall be stored in an upland area and secure� <br /> . with appropriate erosion control until the spring when spoils are in a condition <br /> suitable for contouring of bank. Final grading shall be completed iri late April or <br /> early May of 1996. Seeding with a suitable wetland mixture shall be completed no <br /> later than June 15, 1996. <br /> • <br /> Page 3 of 5 <br />