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DRAFT RESOLUTION NO. 2363 <br />PAGE TWO <br />Chapter 48.01, Subd. 2 <br />The Council finds that wetlands within the City, as part <br />of the ecosystem, are critical to the present and future <br />health, safety and general welfare of the land, animals, <br />and people within the City, as well as within the Rice <br />Creek Watershed District; that existing and potential <br />development within the City and Rice Creek Watershed <br />District poses increasing ecological and economic problems <br />and demands, having the effect of potentially despoiling, <br />polluting, accelerating the aging, eliminating or <br />negatively and irretrievably altering both the wetlands <br />ani their functions (and the processes associated <br />therewith) which, if conserved and maintained, constitute <br />important: physical, educational, ecological, aesthetic, <br />recreational, and economic assets for existing aad future <br />residents of the community and the Rice Creek Watershed <br />District; and <br />WHEREAS, the developer has requested variances from the <br />minimum lot size, minimum lot width, and 100 foot setback <br />requirements because he claims an alleged hardship due to City <br />approval of the Edgewood Square plat; and <br />WHEREAS, the developer also claims that the requirements <br />of Chapter 48.05, Subd. 5 A, B and C are overly restrictive; and <br />WHEREAS, ti:e granting of a variance, the City Council <br />must find the followingg, 40,26, Subd. f7: <br />(1) Exceptional or extraordinary circumstances apply to <br />the properties which do not apply generally to other <br />properties in the same zone or vicinity and result <br />from lot size or shape, topography or other <br />circumstances over which the owners of the property, <br />since enactment of this Code, have no control. <br />(2) The literal interpretation of the provisions of this <br />Code would deprive the applicant of rights commonly <br />enjoyed by other properties in the same district under <br />the terms of this Code. <br />(3) That the special conditions or circumstances do not <br />result from the actions of the applicant. <br />(4) That granting the variance requested will not confer <br />on the applicant any special privilege that is denied <br />by this Code to owners of other lands, structures or <br />buildings in the same district. <br />(5) That the variance requested is the minimum variance <br />which would alleviate the hardship. Economic <br />conditions alone shall not be considered a hardship. <br />�J <br />co <br />