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d. The plight of the landowner shall be due to circumstances unique to the property not created <br />by the landowner. <br />The plight of the landowner is due to circumstances unique to the property not created by the <br />landowner. The Shoreland Overlay District ordinance should have been amended when the <br />Zoning Ordinance was amended in 2012 to reflect setback consistency with the underlying <br />zoning district. <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 construction of a single <br />family home in a residential neighborhood is consistent with the essential character of the <br />locality. The R-2 Two Family District allows for a 25 foot front setback. <br />f. A variance shall not be granted for any use that is not allowed under the ordinance for property <br />in the zoning district where the subject site is located. <br />Single family homes are permitted uses in the R-2, Two Family zoning district. <br />g. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered <br />construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning <br />ordinance <br />Not applicable. <br />NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes <br />hereby approves a variance from the Shoreland Overlay District for Marshan Meadows Second <br />Addition, subject to the following conditions: <br />1. The Variance Resolution, Final Plat and Development Contract shall be recorded with <br />Anoka County. <br />2. A building permit for construction of a single family home shall be submitted and <br />approved by the City. <br />3. A grading and drainage plan shall be submitted to the City Engineer and Rice Creek <br />Watershed District for review and approval. <br />Adopted by the Council of the City of Lino Lakes this 2 7 day of Jan , 2014. <br />The motion for the adoption of the foregoing resolution was introduced by Council Member <br />Stoesz and was duly seconded by Council Member Kusterman and upon <br />vote being taken thereon, the following voted in favor thereof: <br />Stoesz, Kusterman, Rafferty, Roeser, Reinert <br />The following voted against same: <br />none <br />2 <br />