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. 01 -46 <br />Council Member <br />• <br />• <br />Boschee Variance <br />page 4 <br />introduced the following resolution and moved its adoption. <br />CITY OF LINO LAKES <br />RESOLUTION NO. 00-46 <br />RESOLUTION APPROVING A VARIANCE FROM THE COLLECTOR ROAD <br />SETBACK FOR LOT 8 BLOCK 1 PEREGRINE PASS <br />WHEREAS, a request has been submitted to the City Council for a Variance from the <br />City of Lino Lakes Zoning Code, and <br />WHEREAS, the legal description of the property is: <br />Lot 8 Block 1, Peregrine Pass <br />WHEREAS, Section 6, Subd. 2.B.4.2 of the City Zoning Ordinance requires a forty (40) <br />foot setback from a collector road, and <br />WHEREAS, 12th Ave. is classified as a collector road, and <br />WHEREAS, the applicant desires to construct a building 28.5 feet from the right of way <br />of 12th Ave, and <br />WHEREAS, the City Council of the City of Lino Lakes makes following findings of fact: <br />1. The property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls. The lot shape and the double street <br />setbacks combined with the wetland and extra buffer easements create unusual <br />circumstances. <br />2. The plight of the landowners is due to physical circumstances unique to his property <br />not created by the land owner. The lot shape and the double street setbacks combined <br />with the wetland and extra buffer easements create unusual circumstances. <br />3. The hardship is not due to economic considerations alone. It is not reticence to spend <br />extra money to avoid the need for a variance, but rather the desire to build a home of <br />a high enough value to fit in with the neighborhood: it is the desire for a higher <br />expenditure rather than a lower one. The surrounding neighborhoods are R -1X, and <br />the Peregrine Pass planned development requires Rl -X houses sizes. Higher value <br />homes are the reason for the R -1X district compared to the R -1, and the house <br />proposed is in keeping with that goal. <br />4. Granting the variance requested will not confer on the applicant any <br />special privilege that would be denied by this ordinance to other lands, structures, or <br />buildings in the same district. The other lots in the development do not have the same <br />