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c. There shall be practical difficulties in complying with the ordinance. "Practical <br />difficulties," as used in connection with the granting of a variance, means that the <br />property owner proposes to use the property in a reasonable manner not permitted by the <br />ordinance. Economic considerations alone do not constitute practical difficulties. <br />Practical difficulties include, but are not limited to, inadequate access to direct sunlight <br />for solar energy systems. <br />Matching the setback of the existing building constitutes use of the property in a <br />reasonable manner. Requiring the minimum 5 foot setback would create an <br />"unbalanced" look and feel of the addition in comparison to the existing building. <br />d. The plight of the landowner shall be due to circumstances unique to the property not <br />created by the landowner. <br />The plight of the landowner is created by the ordinance not the landowner himself. <br />e. The variance shall not alter the essential character of the locality. <br />The variance shall not alter the essential character of the locality. The addition will <br />match with the existing building setback and exterior building materials. <br />f. A variance shall not be granted for any use that is not allowed under the ordinance for <br />property in the zoning district where the subject site is located. <br />Assisted living facilities are permitted uses in the commercial and mixed use districts of <br />the Development Guide land use plan. <br />g. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth <br />sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with <br />the zoning ordinance. <br />Not applicable. <br />RECOMMENDATION <br />The plans are in substantial conformance with the standards of the Lino Lakes Town <br />Center Design & Development Guide. Staff recommends approval of the plans, subject <br />to the following conditions: <br />1. All comments highlighted in red on the Site Plan Review Worksheet, Attachment <br />D, shall be addressed. <br />2. All comments from City Engineer Letter dated March 21, 2013 shall be <br />addressed. <br />3. All comments from Environmental Coordinator Letter dated March 25, 2013 shall <br />be addressed. <br />6 <br />• <br />• <br />• <br />