Laserfiche WebLink
RESOLUTION NO. 2492 <br />PAGE TWO <br />WHEREAS, the City Council has found the intent of Chapter <br />48 to be the following: <br />Chapter 48.01, Subd. 2A <br />To preserve wetlands in as natural a state as possible to <br />serve as natural retention and detention areas for surface <br />waters; to regulate the use of areas adjacent to the <br />wetlands in order to protnct the natural function of the <br />wetlands; to provide for the protection, preservation, <br />proper maintenance and use of wetland zoning districts; to <br />minimize the disturbance to them and to prevent damage <br />from excessive sedimentation, eutrophication, or <br />pollution; to prevent loss of beneficial aquatic <br />organisms, wildlife, and vegetation of the habitats of the <br />same; to provide for the protection of fresh water <br />supplies from the danger of drought, overdraft, pollution, <br />or mismanagement; to secure safety from flcods; to reduce <br />the financial burdens imposed upon the community through <br />rescue and relief efforts occasioned by the occupancy or <br />use of areas subject to periodic flooding; to prevent loss <br />of life, property damage, and the losses and risks <br />associated with flood conditions; to reduce the financial <br />burdens imposed upon the community through correction of 1 <br />erosion problems that, with proper foresight, could be <br />avoided; to avoid the financial burden of the need for the <br />community to reclaim its water quality; and to preserve <br />the location, character and extent of natural drainage <br />courses; and <br />WHEREAS, the developer has requested a wetlands alteration <br />permit to work within the 100 foot setback requirement because tie <br />claims exceptional circumstances apply to the property which do <br />not apply generally to other properties; and <br />WHEREAS, in the granting of a wetland alteration <br />permit, the City Council must find the following, 40.26, Subd. D: <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. (JVj <br />