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a �' . C.. � ; . C�t o� ORONO � � • (a�`j •. RESOWTION OF THE CITY COUNCIL � NO. 2809 • - � • A RESOLOTION GRANTING � A CONDITIONAL DS$ PERMIT PER MiTNICIPAL ZONING CODE SECTION 10.03, SIIBDIVISION 19 FII,$ #1517 WH$REAS, Mr. and Mrs. Whitney MacMillan (hereinafter "the applicants") have an interest in and intend to become the future owners of the property located adjacent to 1560 Fox Street within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A attached (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a � Conditional Use Permit as required by Municipal Zoning Code Section 10.03 , Subdivision 19 , to permit the excavation of a pond area involving removal of approximately 1700 cubic yards of material. ., NOW, THEREFORE, BE IT R$SOI.VED by the City Counci 1 of Orono, •Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1517. 2. The property is located in the RR-1B, Single Family Rural � Residential Zoning District. 3. On April 16th, 1990 the Orono Planning Commission reviewed the application as proposed and recommended approval, finding that the proposed excavation wi 11 have no signif icant ef fect on the quantity or quality of run-off reaching Lake Minnetonka, and wil 1 not provide a significant public benefit that would require granting of a conservation and flowage easement. The Planning Commission further found that al 1 dredged spoils will be trucked off the site, and that the use of the � pond is decorative in nature. The Planning Commission further noted that the City Engineer had reviewed the application and had no problems with the proposa 1. � 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staf f, comments by the app 1 i cant and the ef f ect of the proposed use on the health, safety and welfare of the community. � Page 1 of 4 �