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The plight of the landowner is due to circumstances unique to the property and was not <br />created by the landowner. The developer is proposing to purchase an existing lot of <br />record platted in 2004. <br />5. The variance shall not alter the essential character of the locality. <br />The variance shall not alter the essential character of the locality. The adjacent <br />properties are residential subdivisions and the Rice Lake Elementary School. <br />6. A variance shall not be granted for any use that is not allowed under the ordinance for <br />property in the zoning district where the subject site is located. <br />Single family detached homes are allowed as Permitted Uses in the R-1, Single Family <br />Residential District. <br />7. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth <br />sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with <br />the zoning ordinance. <br />Not applicable. <br />RECOMMENDATION <br />Staff recommends approval preliminary plat and variance for St. Clair Estates subject to <br />the following conditions: <br />1. Comments from WSB Plan Review Letter dated July 7, 2016 shall be addressed. <br />2. Comments from Environmental Coordinator letter dated June 29, 2016 shall be <br />addressed. <br />3. L1, Landscape Plan: <br />a. The notes indicate 15 replacement trees and 66 proposed. This contradicts <br />the Tree Preservation Plan and shall be revised accordingly. <br />4. Sheet S3: Overall Preliminary Plat <br />a. It shall be noted "Lots 7-10, Block 1 have limited ability to construct <br />accessory structures, decks or additions due to 150 feet setback <br />requirement from OHWL." <br />b. Under Development Data, Proposed Outlots shall be changed from 6 to 3. <br />5. Sheet S4: Preliminary Plat <br />a. The note for Lot 23 shall include "accessory" structures as well as decks <br />and patios. <br />6. The developer shall explore the possibility of relocating the existing driveways at <br />441 and 453 Birch Street onto the cul-de-sac. <br />7. Detailed plans of the driveway re -location at 6640 Hokah Drive shall be shown on <br />the plans. <br />8. The proposed Trail and Access Easement to Birch Street shall be a minimum of <br />40 feet wide. <br />14 <br />