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