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• Council Member introduced the following resolution and moved its adoption: <br />CITY OF LINO LAKES <br />RESOLUTION NO. 08 -134 <br />RESOLUTION APPROVING A VARIANCE FROM THE SHORELAND ORDINANCE 150 FOOT <br />SETBACK FROM THE ORDINARY HIGH WATER LINE OF PELTIER LAKE FOR 1801 77TH <br />STREET. <br />WHEREAS, the City has received an application for a Variance requesting that a home /garage <br />addition be constructed 119 feet from the Ordinary High Water Line of Peltier Lake at 1801 77th Street <br />which is legally described as: <br />Lot 5 Auditor's Subdivison Number 55 Revised, Anoka County, Minnesota <br />; and <br />WHEREAS, the City's Shoreland Ordinance, in Chapter 1102.07 Subdivision 2, requires that a 150 - <br />foot setback from the Ordinary High Water Level of any Natural Environment Lake (Peltier Lake) be <br />40 provided for all unsewered structures, and <br />WHEREAS, placement of the proposed addition would extend 21 feet into the required Ordinary High <br />Water Line setback, and <br />WHEREAS, the following finding of facts has been made by the City Council: <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 />b. That the plight of the landowners is due to physical circumstances unique to his <br />property not created by the landowner. <br />