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City of Lino Lakes <br />May 11, 2021 <br />Page 5 <br /> <br /> <br />5. The variance shall not alter the essential character of the locality. <br />Permitting fifty animal units on the Property will not alter the essential character of the locality. <br />The City has recently granted a CUP for the Property allowing for twenty-five (25) horses. For <br />over fifty (50) years the essential character of the structures on the Property has been for horse- <br />related uses. The incremental increase in horses will be consistent with this character. <br />6. A variance shall not be granted for any use that is not allowed under the ordinance <br />for property in the zoning district where the subject site is located. <br />The variance being sought does not change the Property’s use. The use of the Property is already <br />the operation of a horse stable. Storing animals is a permitted use in the rural district under the <br />zoning code. City Code § 1007.080(5)(f). <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 <br />with the zoning ordinance. <br />This requirement is not implicated by the Application. <br />Based on the above criteria, Applicant has demonstrated that the variance request is warranted <br />and consistent with City and state law. <br /> <br />My client makes this application notwithstanding the fact that the circumstances leading to the <br />Application demonstrate legal rights to board at least fifty (50) horses and/or other animal units <br />pursuant to the 1968 SUP. Applicant believes that said SUP remains in effect, for the reasons <br />articulated in my letter dated March 12, 2021 (enclosed). Applicant respectfully requests that the <br />City approve the application as a reasonable resolution to the circumstances and to avoid the <br />need for formal dispute resolution proceedings. <br /> <br />Please contact me with any questions about this letter or the information contained herein. <br /> <br />Sincerely, <br /> Jacob W. Steen, for <br />Larkin Hoffman <br />Direct Dial: 952-896-3239 <br />Direct Fax: 952-842-1738 <br />Email: jsteen@larkinhoffman.com <br /> <br />Cc: Mayor Rob Rafferty, (via email RRafferty@linolakes.us) <br />Councilmember Tony Cavegen (via email Tcavegen@linolakes.us) <br />Councilmember Chris Lyden (via email clyden@linolakes.us)