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• CITY OF LINO LAKES RESOLUTION NO. 13 -53 VARIANCE TO INCREASE THE MAXIMUM RIGHT OF WAY SETBACK FOR THE LINO LAKES ASSISTED LIVING ADDITION, 725 TOWN CENTER PARKWAY WHEREAS, a request has been submitted to the City for the approval of a variance at 725 Town Center Parkway, said property legally described to -wit: Lot 1, Block 1, The Village No. 5; and WHEREAS, review and approvals of variances are governed by state statutes and City ordinances, and WHEREAS, the Lino Lakes City Council makes the following Findings of Fact: a. The variance shall be in harmony with the general purposes and intent of the ordinance. The general purpose and intent of the Lino Lakes Town Center Design & Development Guide is to provide for the orderly and integrated development of a high - quality Town Center which includes a mix of shops, offices, housing and open space. The build -to line requires building fronts close to the edge of the street to enhance continuity, attractiveness and intimacy of pedestrian spaces. The addition is 19 feet from the property line which matches the setback of • the existing building. Additional landscaping and foundation plantings will add to the attractiveness of the pedestrian spaces. b. The variance shall be consistent with the comprehensive plan. The variance is consistent with the comprehensive plan. The land is guided for mixed use /commercial development and an assisted - living facility is allowed. c. There shall be practical difficulties in complying with the ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Matching the setback of the existing building constitutes use of the property in a reasonable manner. Requiring the maximum 5 foot setback would create an "unbalanced" look and feel of the addition in comparison to the existing building. The proposed 19 foot setback also provides adequate distance for a drainage and utility easement necessary for the watermain relocation. d. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The plight of the landowner is created by the ordinance not the landowner himself. •