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� o� <br /> � <br /> � o 0 <br /> ' ��..- ; CITY of ORONO <br /> a ��' � <br /> 1, ,. <br /> �.� ` ,��" �,'�' RESOLUTION OF THE CITY COUNCIL <br /> L�q �``" � 1j �, <br /> kESH�4 NO. � � �I � <br /> that the additional wetland to be created will meet the WCA replacement guidelines,and <br /> that this project can be considered as a restoration. Smyth recornmended approval <br /> conditioned on I) that the City receive a copy of the executed buffer preservation <br /> declaration required by the MCWD,and 2) that the City be provided with the required <br /> ongoing monitorin� reports. <br /> F) The project has been highly refined to meet the WCA guidelines,and has been the subject <br /> of much scivtiny by the MCWD staff and consultants as well as a Technical Evaluation <br /> Panel(TEP)consisting of representatives from the MCWD,the B oard of Soil and W ater <br /> Resources (BWSR), and Hennepin County Environmental Services. <br /> G) The hudship supporting the vai-iance is that this wetland was altered in the past, and the <br /> the project will restore it to a condition more closely resembling its natural state, <br /> 4. The City Council has considered this application including the findings and recommendations of the <br /> Planning Commission,reports by City staff,comments by the applicants and the public, and the <br /> effect of the proposed variance and conditional use permit on the health,safety and welfare of the <br /> community. <br /> 5. The City Council finds that the conditions existing on this property are peculiar to it and do not <br /> apply generally to other property in this zoning district;that a anting the va�iance and conditional <br /> use permit would not adversely affect traffic conditions,light,air nor pose a fire hazard or other <br /> danger to neighboring property;would not merely serve as a convenience to the applic ants,but is <br /> necessaty to a]leviate a demonstrable hardship or difficulty;is necessary to preserve a substantial <br /> property right of the applicants;and would be in keeping with the spirit and intent of the Zoning <br /> Code and Comprehensive Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITTONS <br /> Based upon one ormore of the above findings,the Orono City Council hereby grants a <br /> variance to Orono Municipal Zoning Code Sections 78-1112 and a conditional use permit per Sections <br /> 78-1113/14(2b)to permit filling and grading within and within 26'of a City-protected wetland where no <br /> such activity is normally allowed, subject to the following conditions: <br /> Page 3 of 7 <br />