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O�T <br />O O <br />b CITY of ORONO <br />�&l �G~F RESOLUTION OF THE CITY COUNCIL <br />9kES80 NO. 3097 <br />4. The City Council finds that the conditions existing on this <br />property are peculiar to it and do not apply generally to <br />other property in this zoning district; that granting the <br />variance would not adversely affect traffic conditions, <br />light, air nor pose a fire hazard or other danger to <br />neighboring properties; would not merely serve as a <br />convenience to the applicant, but is necessary to alleviate <br />a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicant; and <br />would be in keeping with the spirit and intent of the Zoning <br />Code and Comprehensive Plan of the City. <br />5. The City Council finds that granting a conditional use <br />permit to allow the filling of the adjacent wetlands to <br />allow the expansion of the shoulder area of Fox Street will <br />not be detrimental to the health, safety or general welfare <br />of the public, would not adversely affect light, air nor <br />• pose a fire hazard or other danger to neighboring <br />properties, nor will it depreciate surrounding property <br />values and that the proposed level of use of the property <br />will be in keeping with the intent and objectives of the <br />Zoning Code and Comprehensive Plan of the City. <br />6. The City Council has considered this application including <br />the findings and recommendation of the Planning Commission <br />and reports by City staff, and the effect of the proposed <br />improvement on the health, safety and welfare of the <br />community. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City <br />Council hereby grants a variance per Municipal Zoning Code Section <br />10.55, Subdivision 8 and a conditional use permit per Section 10.03, <br />Subdivision 19 to allow the filling of approximately 700 cubic yards <br />of fill within an adjacent wetland of Fox Street for a distance of <br />1,000 lineal feet. This approval is subject to the following <br />conditions: <br />1. The City cannot commence the road improvement until the <br />required permit approval is received from both the <br />Department of Natural Resources and the Minnehaha Creek <br />• Watershed District. <br />Page 2 of 3 <br />