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RESOLUTION NO. 4253 <br /> PAGE TWO OF THREE <br /> WHEREAS, the City Council approves\denies the Wetland <br /> Alteration Permit based on the City Consultant Engineer's finding <br /> that the request does\does not meet or exceed the applicable <br /> sections of the Municipal Code; and <br /> WHEREAS, the Developer has requested a variance from <br /> the 100 foot wetland setback requirement; and <br /> WHEREAS, the City Council has reviewed this request and <br /> found that there are\are not exceptional or extraordinary <br /> circumstances which apply to this property which do\do not apply <br /> generally to other properties in the same zone or vicinity and <br /> results\does not reult from lot size or shape, topography, or <br /> other circumstances over which the owners of the property, since <br /> enactment of this Code, have\have not had control; and <br /> WHEREAS, furthermore, the City Council has found that <br /> the request is\is not the minimum variance which would alleviate <br /> the hardship and does\does not convey certain privileges upon the <br /> applicant that are not enjoyed by other property owners within <br /> the City; and <br /> WHEREAS, the City Council approves\denies the variance <br /> request within the 100 foot wetland setback requirement; and <br /> WHEREAS, the Developer has requested a Conditional Use <br /> Permit for working in a flood plain; and <br /> WHEREAS, the City's Engineering Consultant has reviewed <br /> the development proposal and found that there is\is not adverse <br /> affect upon the flood plain; and <br /> WHEREAS, the City Council approves\denies the <br /> Conditional Use Permit for filling in a flood plain; and <br /> WHEREAS, the Developer has requested vacation of City- <br /> owned right-of-way; and <br /> WHEREAS, the City Council approves\denies the requested <br /> vacation of right-of-way; and <br /> WHEREAS, the Developer has requested that property be <br /> accepted in lieu of the Park Dedication Fee; and <br /> WHEREAS, the City Council does\does not accept land in <br /> lieu of the Park Dedication fee; and <br />