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4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The plight of the landowner is due to circumstances unique to the property and was not created by the landowner. The current landowner recently purchased the property and did not construct the house without a garage. 5. The variance shall not alter the essential character of the locality. The variance shall not alter the essential character of the locality by maintaining the 30 foot — 40 foot setbacks found along other Birch Street corner properties. Accessory structures such as garages are common features found throughout Lino Lakes residential districts. 6. A variance shall not be granted for any use that is not allowed under the ordinance for property in the zoning district where the subject site is located. Accessory structures are permitted as Accessory Uses in the R-1, Single Family Residential District. 7. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning ordinance. Not applicable. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves of a 12 foot variance to reduce the required setback from 40 feet to 28 feet along Birch Street to allow for the construction of an attached double garage at 6602 Pheasant Run, subject to the following conditions: 1. The detached shed in the northeast corner of the lot, found in violation of city ordinances, shall be relocated onto the applicant's property. 2. The accessory structure shall meet the requirements of § 1007.043 General Building and Use Provisions. 3. The accessory structure shall meet all other city code and state building code requirements. 4. A building permit shall be submitted for by the applicant and approved by the City of Lino Lakes prior to construction. Adopted by the Council of the City of Lino Lakes this 26th day of October, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member Rafferty and was duly seconded by Council Member Roeser and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Roeser, Stoesz, Reinert