Agenda Packets - 1988/11/14 - Laserfiche WebLink

Home Browse Search

RESOLUTION NO. 2410 PAGE TWO ld WHEREAS, the City Council has found the intent of Chapter 48 to be the following: Chapter 48.01, Subd. 2A To preserve wetlands in as natural a state as possible to serve as natural retention and detention areas for surface waters; to regulate the use of areas adjacent to the wetlands in order to protect the natural function of the wetlands; to provide for the protection, preservation, proper maintenance and use of wetland zoning districts; to minimize the disturbance to them and to prevent damage from excessive sedimentation, eutrophication, or Pollution; to prevent loss of beneficial aquatic organisms, wildlife, and vegetation of the habitats of the same; to provide for the protection of fresh water supplies from the danger of drought, overdraft, pollution, or mismanagement; to secure safety from floods; to reduce the financial burdens imposed upon the community through rescue and relief efforts occasioned by the occuparcy or use of areas subject to periodic flooCi.ng; to prevent loss of life, property damage, and the losses and risks associated with flood conditions; to reduce the financial burdens imposed upon the community through correction of erosion problems that, with proper foresight, could be avoided; to avoid the financial burden of the need for the community to reclaim its water quality; and to preserve the location, character and extent of natural drainage courses; and WHEREAS, the developer has requested a variance from the 100 foot setback requirement because he claims exceptional circumstances apply to the property which do not apply generally to other properties; and WHEREAS, in the granting of a variance, the City Council must find the following, 40.26, Subd. D: (1) Exceptional or extraordinary circumstances apply to the properties which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property, since enactment of this Code, have no control. (2) The literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Code.