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L�. � � clt� o� oR,oNo • RESOLUTION OF THE CITY COUNCIL � NO. 2175 � " • � • • . e �ity Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. 5. The City Counci 1 f inds that granting a Conditiona 1 Use Permit to allow the grading and excavating of a decorative pond on the property will not be detrimental to the health, safety or general welfare of . the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it 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. _ CONCLDSIONS, ORDER AND CONDITIOIdS 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, Subdivision 19 to permit the grading and excavating of a • decorative pond, subject to the following conditions: 1. Applicant or applicant's contractor shall obtain a grading permit prior to commencement of the work. 2. All graded areas shall be seeded or sodded immediately upon completion of the grading work. 3. App7icant shall provide erosion protection measures as deemed necessary by the City Inspector. 4. Applicant shall grant to the City a Flowage & Conservation Easement over the basin. Applicant to provide legal description for same. 5. Applicant shall work with the proper DNR authorities during the • project. 6. Future maintenance of the pond shall be allowed without further conditional use permit review, subject to obtaining a grading permit at such time as the maintenance work is proposed. 7. Violation of or non-compliance with any of the terms and condi- tions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. • 8. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. • __ _.._ _ _ __ _.-�. _ -- Page 2 of 3