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c. That the hardship is not due to economic considerations alone if <br />reasonable use for the property exists under the terms of the ordinance. <br />The structure was permitted, constructed, and inspected approximately twenty <br />years ago and was believed to meet all ordinances at the time. Since then <br />more thorough information has identified that the structure is encroaching <br />approximately 8.5 inches into the setback. While the structure could be <br />removed and reconstructed to meet the ordinance, the cost would be extreme <br />in comparison to the minor nature of the variance being requested. <br />d. That granting the variance requested will not confer on the applicant any <br />special privilege that would be denied by this ordinance to other lands, <br />structures, or buildings in the same district. <br />A 0.71 foot reduction to the side yard setback is a minor deviation from the <br />ordinance, and is not dissimilar to previous variances granted to existing <br />structures that encroached upon setbacks. <br />e. That the proposed actions will be in keeping with the spirit and intent of <br />the ordinance. <br />A 0.71 foot reduction to the side yard setback is a minor deviation and will not <br />contravene the spirit and intent of the ordinance. <br />NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby <br />approves the Variance to the side setback for the existing detached accessory structure at <br />2221 Reiling Road based on the certificate of survey submitted on December 10, 2007. <br />Passed by the Lino Lakes City Council this 28th day of January 2008. <br />John J. Bergeson, Mayor <br />AT EST: <br />Julie Bartell, City Clerk <br />Adopted by the Lino Lakes City Council this 28th day of January, 2008. <br />The motion for the adoption of the foregoing resolution was duly seconded by <br />Council Member and upon vote being taken thereon, the following <br />voted in favor thereof: <br />The following voted against same: <br />Whereupon said resolution was declared duly passed and adopted. <br />• <br />