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Resolution No. 75-83 <br />Page 2 <br />• <br />WHEREAS, the Planning Commission identifies the following items <br />as hardships to justify the granting of the variances: <br />1) The property was acquired by Mr. Poppelaars well before <br />the existence of the Wetland Ordinance. <br />2) The present condition was not developer created. <br />3) The inability to develop the lot to make use of the <br />property would exist should the variances bo denied. <br />4) Paragraph 48.06, Subdivision 4(A)(1) allows modifications <br />of dimensional requirements of the Zoning Ordinance to <br />further purposes of Chapter 48. <br />NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning <br />Commission recommends to the City Council approval of a minor subdivi- <br />sion combining two lots under consideration into one. <br />BE IT FURTHER RESOLVED that contingent upon approval being <br />given to combine the two lots into one and the applicant recording <br />deeds in fact combining the two lots into one lot, the Mounds View <br />Planning Commission recommends to the Mounds View City Council the <br />• following: <br />1) A rezoning of the property from R-3 to R-4. <br />2) A density credit being granted on the development. <br />3) A conditional use permit be granted for the filling of <br />a portion of the flood plain, since the proposed fill <br />will alter the flood height by an immeasurable amount. <br />4) Conveyance of easement to the City for drainage purposes <br />over wetland area. <br />BE IT FURTHER RESOLVED that the Planning Commission recommends <br />the development agreement include the following: <br />1) Performance and maintenance of the weir and control <br />structure to be the owner's responsibility. <br />2) That the wetland area to the 903 contour be protected <br />during the construction period based upon the City <br />Engineer's recommendation. <br />3) A landscape plan be submitted to include - <br />a) Appropriate vegetation to the 903 contour. <br />• b) Earth berming to be provided along the Woodlawn <br />Drive boulevard designed so as not to impact <br />adjacent properties. <br />