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The variance request is consistent with the comprehensive plan. The parcel is guided for <br /> low density residential use. A porch addition and deck are consistent with residential <br /> uses. <br /> 3. There shall be practical difficulties in complying with the ordinance. "Practical <br /> difficulties," as used in connection with the granting of a variance, means that the <br /> property owner proposes to use the property in a reasonable manner not permitted by the <br /> ordinance. Economic considerations alone do not constitute practical difficulties. <br /> Practical difficulties include, but are not limited to, inadequate access to direct sunlight <br /> for solar energy systems. <br /> The property owner proposes to use the property in a reasonable manner. The porch <br /> addition is a reasonable residential use of the property. The practical difficulty in <br /> complying with the 30 foot rear setback would require removal of 1.29 feet of the already <br /> constructed porch. <br /> 4. The plight of the landowner shall be due to circumstances unique to the property not <br /> created by the landowner. <br /> The plight of the landowner is not due to circumstances unique to the property. The <br /> landowner's contractor installed the footings and started construction of the porch <br /> without locating the property corners and verifying the rear yard setback. <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. Porches are common <br /> additions found throughout the City's residential districts. <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 /> House additions such as the screen covered porches are permitted principal structures in <br /> the R-IX, Single Family Executive 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 /> BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby <br /> approves a variance to allow for a 1.29 foot encroachment into the required 30 foot rear <br /> yard setback for the purpose of constructing a screen covered porch <br /> Adopted by the Council of the City of Lino Lakes this 14th day of November, 2016. <br /> 2 <br />