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Council Member <br />introduced the following resolution and moved its adoption: <br />CITY OF LINO LAKES <br />RESOLUTION NO. 08-80 <br />RESOLUTION APPROVING A VARIANCE TO THE ARTERIAL STREET SETBACK <br />FOR THE PROPERTY AT 7300 TERRA COURT. <br />WHEREAS, the City has received an application to replace a septic treatment system at 7625 <br />Peltier Lake Drive; and <br />WHEREAS, this proposal requires approval of a variance to the Ordinary High Water Level <br />setback of 150 feet; and <br />WHEREAS, a public hearing was held before the Planning & Zoning Board on July 9, 2008; and <br />WHEREAS, as required by Section 2, Subd. 4 of the zoning ordinance, the City Council made <br />the following findings of fact regarding this property: <br />a. That the property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls. <br />The property is currently developed with a single family home that requires a <br />private sewage treatment system in order to continue its use legally. <br />b. That the plight of the landowners is due to physical circumstances unique to his <br />property not created by the landowner. <br />The property was platted prior to the adoption of a 10 acre minimum lot size for <br />properties not served by city utilities and the 150 foot Ordinary High Water Level <br />setback within the Shoreland Ordinance <br />c. That the hardship is not due to economic considerations alone if reasonable use <br />for the property exists under the terms of the ordinance. <br />The site is developed with a single family home that must be served by a sewage <br />treatment system. The current system is failing and must be replaced. Strict <br />enforcement of the Shoreland Ordinance's Ordinary High Water Level setback and <br />all of the other setback requirements would make replacing that system impossible, <br />reasonable use of the property would therefore be denied. <br />d. 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 />• <br />• <br />• <br />