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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 />Considering that an alternative location for the garage, detached from the structure, is <br />available, granting the variance would allow the applicant to encroach into a setback in a <br />way that other structures would not be allowed. <br />e. That the proposed actions will be in keeping with the spirit and intent of the <br />ordinance. <br />• <br />The spirit and intent of the Ordinary High Water Level setback for structures is to <br />minimize encroachment of development onto a natural environment. While the existing <br />dwelling already encroaches upon the setback, the proposed addition would increase the <br />length of the encroachment. <br />NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council denies the proposed <br />Variance. <br />John J. Bergeson, Mayor <br />ATTEST: <br />Julie Bartell, City Clerk <br />Adopted by the Lino Lakes City Council this 24th day of November, 2008. <br />The motion for the adoption of the foregoing resolution was duly seconded by Council Member <br />and upon vote being taken thereon, the following voted in favor thereof: <br />The following voted against same: <br />Whereupon said resolution was declared duly passed and adopted. <br />• <br />