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Mounds View Planning Commission Resolution No. 339-92 Page Two of Three WHEREAS, the Planning Commission recommends approval of the Wetland Alteration Permit based on the City Consultant Engineer's finding that the request meets or exceeds the applicable sections of the Municipal Code; and WHEREAS, the Developer has requested a variance from the 100 foot wetland setback requirement; and WHEREAS, the Planning Commission and City Staff have reviewed this request and found that there are exceptional or extraordinary circumstances which apply to this property which do not apply generally to other properties in the same zone or vicinity and results from lot size or shape, topography, or other circumstances over which the owners of the property, since enactment of this Code, have had no control; and WHEREAS, furthermore, the Planning Commission and City Staff have found that the request is the minimum variance which would alleviate the hardship and does not convey certain privileges upon the applicant that are not enjoyed by other property owners within the City; and WHEREAS, the Planning Commission recommends approval of the variance request within the 100 foot wetland setback requirement; and WHEREAS, the Developer has requested a Conditional Use Permit for working in a flood plain; and WHEREAS, the City's Engineering Consultant has reviewed the development proposal and found no adverse affect upon the flood plain; and WHEREAS, the Planning Commission recommends approving a Conditional Use Permit for filling in a flood plain; and WHEREAS, the Developer has requested vacation of City- owned right-of-way; and WHEREAS, the Developer has requested that property be accepted in lieu of the Park Dedication Fee; and WHEREAS, the Planning Commission recommends acceptance of land in lieu of the Park Dedication fee; and