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City of Lino Lakes May 11, 2021 Page 5 5. The variance shall not alter the essential character of the locality. Permitting fifty animal units on the Property will not alter the essential character of the locality. The City has recently granted a CUP for the Property allowing for twenty-five (25)horses. For over fifty(50) years the essential character of the structures on the Property has been for horse- related uses. The incremental increase in horses will be consistent with this character. 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. The variance being sought does not change the Property's use. The use of the Property is already the operation of a horse stable. Storing animals is a permitted use in the rural district under the zoning code. City Code § 1007.080(5)(f). 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. This requirement is not implicated by the Application. Based on the above criteria, Applicant has demonstrated that the variance request is warranted and consistent with City and state law. My client makes this application notwithstanding the fact that the circumstances leading to the Application demonstrate legal rights to board at least fifty(50)horses and/or other animal units pursuant to the 1968 SUP. Applicant believes that said SUP remains in effect, for the reasons articulated in my letter dated March 12, 2021 (enclosed). Applicant respectfully requests that the City approve the application as a reasonable resolution to the circumstances and to avoid the need for formal dispute resolution proceedings. Please contact me with any questions about this letter or the information contained herein. Sincerely, Jacob W. Steen, for Larkin Hoffman Direct Dial: 952-896-3239 Direct Fax: 952-842-1738 Email: jsteen@larkinhoffman.com Cc: Mayor Rob Rafferty, (via email RRafferty@linolakes.us) Councilmember Tony Cavegen (via email Tcavegen@linolakes.us) Councilmember Chris Lyden (via email clyden@linolakes.us)