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RESOLUTION NO. 2327 <br />PAGE TWO <br />WHEREAS, the City Council does not find any extraordinary <br />circumstances as presented which apply to the property which de <br />not apply to other properties in a wetland zoning district and, <br />therefore, cannot grant a variance from building within the 100 <br />foot setback from a designated wetland; and <br />WHEREAS, the equal apportionment for filling the wetland <br />has been calculated for Dynamic Designers to be 29 percent of the <br />allowable filling for Wetland Nos. 1-9; and <br />WHEREAS, the proposed filling for the development would <br />reduce the excess phosphorus stripping capacity of the wetland by <br />38 percent which would exceed the developer's equal <br />apportionment; and <br />WHEREAS, the City's Consultant has determined that an <br />increase of run-off volume will be at least 30 percent which <br />would exceed the developer's equal apportionment; and <br />WHEREAS, the City's Consultant has determined that peak <br />run-off rates from the developed site will double from the rate <br />of run-off from the undeveloped site which conflicts with Chapter <br />48 requiring the proposed action not cause storm water runoff <br />from the wetland to take place at a rate which would exceed the <br />natural rate of runoff; and car <br />WHEREAS, the City's Consultant has determined that the <br />filling for the proposed development will increase the wetland <br />flood height by 15 feet which conflicts with Chapter 49 which <br />states that filling cannot increase the wetland flood heights. <br />NOW, THEREFORE, BE IT RESOLVED that the City Council of <br />the City of Mounds View denies the appeal by Dynamic Designers <br />for their development proposal. <br />BE IT FURTHER RESOLVED that the City Council of the City <br />of Nounds View concurs with the findings of the Planning <br />Commission and upholds the recommendation of the Planning <br />Commission to deny the request for a variance from lot size and <br />lot width requirements in a wetland. <br />ATTEST: <br />(SEAL) <br />Adopted this 23rd day of Nay, 19ua. <br />Nayor <br />Clerk -Administrator <br />