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• <br />Mounds View City Council <br />Regular Meeting <br />December 10, 2001 <br />Page 12 <br />district would face similar requirements. However few if any other property owners <br />would have a preexisting vested interest in their undeveloped property as in this case. <br />c. That the special conditions or circumstances do not result from the actions of the applicant. <br />The land was originally platted in 1963 and the utilities were installed not too long <br />thereafter. The utilities were installed with the expectations of future development. <br />While the applicant was fully aware of the development constraints of the site, the <br />applicant did not cause the special conditions or circumstances (the wetlands and <br />the wetlands ordinance of 1992.) <br />d. That granting the variance requested will not confer on the applicant any special privilege that is <br />denied by this Title to owners of other lands, structures or buildings in the same district. <br />The parcel is zoned R-1, single family residential. The applicant is proposing <br />a development consisting of single-family homes. Granting a variance in <br />this case would not confer a special privilege denied to other property <br />owners. All other platting requirements would be met by this proposal. <br />• <br />e. That the variance requested is the minimum variance which would alleviate the hardship. <br />Economic conditions alone shall not be considered a hardship. <br />The variance requested would be considered the minimum necessary to alleviate <br />the hardship if one were to make the assumption that the subdivision less the <br />wetland zoning district overlay requirements would constitute the standard by <br />which the hardship was measured. <br />£ The variance would not be materially detrimental to the purpose of this Title or to other property in <br />the same zone. <br />The intent of the wetlands ordinance and the resulting subdivision <br />requirements is to protect the integrity of the hydrological system and the <br />City's surface water management system. In addition, wetlands <br />preservation and sensible land use management are critical to the present <br />and future health, safety and general welfare of the land, animals and people <br />within the City. That being said, such preservation and conservation efforts <br />need to be balanced with the right to develop one's property. Because Rice <br />Creek Watershed District, the local regulatory agency governing wetlands <br />development, has approved the plat and alteration plans, and because the lots <br />all exceed 20,000 square feet with significant dedication of easements, staff <br />believes the variance for the reduced lot widths would not be materially <br />detrimental to the purpose of the Wetlands Zoning Regulations. <br />t <br />g. The proposed variance will not impair an adequate supply of light and air to adjacent property or <br />substantially increase the congestion of the public streets or increase the danger of fire or endanger <br />the public safety or substantially diminish or impair property values within the neighborhood. <br />