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U �o u � eco cAe <br /> Council Member Gallup introduced the following resolution and moved <br /> its adoption: <br /> CITY OF LINO LAKES <br /> RESOLUTION NO. 08-15 <br /> RESOLUTION APPROVING A VARIANCE TO THE DETACHED ACCESSORY <br /> STRUCTURE SETBACK FOR THE PROPERTY AT 2221 REILING ROAD. <br /> WHEREAS, the City has received an application for a Variance to allow an existing <br /> detached accessory structure to remain at 2221 Reiling Road, described as follows: <br /> Lots 11 and 12, Otter Lake Hills, Lino Lakes <br /> and; <br /> WHEREAS, the zoning ordinance requires a 5 foot side setback for detached accessory <br /> structures; and <br /> WHEREAS, the property owner constructed a detached accessory structure that is 4.29 <br /> feet from the side property line; and <br /> WHEREAS, a public hearing was held before the Planning & Zoning Board on January <br /> 9, 2008; and <br /> WHEREAS, as required by Section 2, Subdivision 4 of the zoning ordinance, the City <br /> Council made the following findings of fact regarding the structure: <br /> a. That the property in question cannot be put to a reasonable use if used <br /> under conditions allowed by the official controls. <br /> Reasonable use of the garage, which was permitted, constructed, and <br /> inspected at what was believed to be the appropriate setback; would be <br /> eliminated if the setback was strictly enforced in this case. <br /> b. That the plight of the landowners is due to physical circumstances unique <br /> to his property not created by the landowner. <br /> Due to the topography of the lot,the location of the rear property corner is <br /> extremely difficult to ascertain and verify. At the time of the building permit <br /> for the structure, no survey was required and the property owner believed he <br /> was meeting the setback requirement. <br />