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xiM City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2509 4. 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 effect of the proposed use on the health, safety and welfare of the community. 5. The City Council f inds that granting a Conditional Use Permit to allow the filling and grading of approximately 10,000 cubic yards of fill 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. 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, Subdivision 19 to permit the filling and grading of approximately 10,000 cubic yards of fill on the property, subject to the following conditions: 1. The area where fill is placed must be seeded as soon as the final grades are approved by the City. 2. All work shall be performed per the specifications set forth in the approved plans, prepared by McCombs Frank Roos Associates dated 8/4/88 and revised plans showing typical cross section of dike, rip - rap sections and restoration plan and by conditions set forth by the M.C.W.D. and the City of Orono. 3. '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. 4. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of Washington Scientific, Inc., its successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. 40 Page 2 of 4