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<br />. <br /> <br />. <br /> <br />. <br /> <br />. J <br /> <br />RESOLUTION NO. 2501 <br />PAGE FOUR <br /> <br />use of areas subject to periodic flooding; to prevent loss <br />of life, property damage, and the losses and risks <br />associated with flood conditions; to reduce the financial <br />burdens imposed upon the community through correction of <br />erosion problems that, with proper foresight, could be <br />avoided; to avoid the financial burden of the need for the <br />community to reclaim its water quality; and to preserve <br />the location, character and extent of natural drainage <br />courses; and <br /> <br />WHEREAS, the developer has requested a wetlands alteration <br />permit to work within the 100 foot setback requirement because he <br />claims exceptional circumstances apply to the property which do <br />not apply generally to other properties; and <br /> <br />WHEREAS, in the granting of a wetland alteration <br />permit, the City Council must find each of the following in <br />Section 40.26, Subd. D, to be true: <br /> <br />(I) Exceptional or extraordinary circumstances apply to <br />the properties which do not apply generally to other <br />properties in the same zone or vicinity and result <br />from lot size or shape, topography or other <br />circumstances over which the owners of the property, <br />since enactment of this Code, have no control. <br /> <br />(2) The literal interpretation of the provisions of this <br />90de would deprive the applicant of rights commonly <br />enjoyed by other properties in the same district under <br />the terms of this Code. <br /> <br />(3) That the special conditions or circumstances do not <br />result from the actions of the applicant. <br /> <br />(4) That granting the wetland alteration permit requested <br />will not confer on the applicant any special privilege <br />that is denied by this Code to owners of other lands, <br />structures or buildings in the same district. <br /> <br />(5) That the wetland alteration permit requested is the <br />minimum request which would alleviate the hardship. <br />Economic conditions alone shall not be considered a <br />hardship. <br /> <br />(6) The wetland alteration permit would not be materially <br />detrimental to the purpose of this Code, or to other <br />property in the same zone. <br />