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• <br />• <br />2. That the plight of the landowner is due to physical circumstances unique to his <br />property and not created by the landowner. <br />The plight of the landowner is due to a mistake in siting the home. <br />3. That the hardship is not due to economic considerations alone and when a reasonable <br />use for the property exists under the terms of the ordinance. <br />Reasonable use will require that a Certificate of Occupancy be issued, which will <br />require a Variance. Hardship is exhibited due to the difficulty in re- siting a home <br />that is 90% complete. <br />4. That granting the variance requested will not confer on the applicant any special <br />privilege that would be denied by this ordinance to other lands, structures, or <br />buildings in the same district. <br />The proposed Variance would allow a side yard setback that is less than what is <br />required under City Code. Denial of the Variance, however, would require re- siting <br />a home that is 90% complete. <br />5. That the proposed actions will be in keeping with the spirit and intent of the <br />ordinance. <br />Approving the Variance would allow a side yard setback of less than what is required <br />under City Code, but provide resolution for a non - conforming structure that is now <br />90% complete. <br />NOW, THEREFORE, BE IT RESOLVED, that the Lino Lakes City Council hereby <br />approves the Variance of 3.2 feet to allow a 6.8 -foot side yard setback for a principle <br />structure in an R -1 PDO zone. <br />Adopted by the Lino Lakes City Council this day of , 2001. <br />ATTEST: <br />Ann Blair, City Clerk <br />John J. Bergeson, Mayor <br />