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2 <br /> <br />The variance request is consistent with the comprehensive plan. The applicant’s property is <br />intended for a Single Family dwelling as such, current zoning ordinances require dwellings to <br />have, at minimum, a double garage. Detached accessory structures (sheds) are also consistent <br />with single family dwellings. <br /> <br />3. There shall be practical difficulties in complying with the ordinance. “Practical difficulties,” as <br />used in connection with the granting of a variance, means that the property owner proposes to <br />use the property in a reasonable manner not permitted by the ordinance. Economic <br />considerations alone do not constitute practical difficulties. Practical difficulties include, but are <br />not limited to, inadequate access to direct sunlight for solar energy systems. <br /> <br />The property owner proposes to use the property in a reasonable manner, as the construction of <br />a double garage and relocation of a detached shed are considered a reasonable use of the <br />property. The practical difficulty in complying with the 40’ setback from Birch Street’s right-of- <br />way creates a situation where the applicant cannot construct a double garage unless the <br />variance is approved. <br /> <br />4. The plight of the landowner shall be due to circumstances unique to the property not created <br />by the landowner. <br /> <br />The plight of the landowner is due to circumstances unique to the property and was not created <br />by the landowner. The current landowner recently purchased the property and did not construct <br />the house without a garage. <br /> <br />5. The variance shall not alter the essential character of the locality. <br /> <br />The variance shall not alter the essential character of the locality by maintaining a 26-28 foot <br />setback similar to the 30 foot setbacks found along other Birch Street corner properties. <br />Accessory structures such as garages and detached sheds are common features found throughout <br />Lino Lakes residential districts. <br /> <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 /> <br />Accessory structures (attached and detached) are permitted as Accessory Uses in the R-1, Single <br />Family Residential District. <br /> <br />7. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered <br />construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning <br />ordinance. <br /> <br />Not applicable. <br /> <br />NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes <br />hereby passed Resolution No. 15-119 to approve of a 12 foot variance to reduce the required