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2. That the plight of the landowner is due to physical circumstances unique to his <br /> property and not created by the landowner. <br /> The plight of the landowner is due to a mistake in siting the home. <br /> 3. That the hardship is not due to economic considerations alone and when a reasonable <br /> use for the property exists under the terms of the ordinance. <br /> Reasonable use will require that a Certificate of Occupancy be issued, which will <br /> require a Variance. Hardship is exhibited due to the difficulty in re-siting a home <br /> that is 90%complete. <br /> 4. That granting the variance requested will not confer on the applicant any special <br /> privilege that would be denied by this ordinance to other lands, structures, or <br /> buildings in the same district. <br /> The proposed Variance would allow a side yard setback that is less than what is <br /> required under City Code. Denial of the Variance, however, would require re-siting <br /> a home that is 90%complete. <br /> 5. That the proposed actions will be in keeping with the spirit and intent of the <br /> ordinance. <br /> Approving the Variance would allow a side yard setback of less than what is required <br /> under City Code, but provide resolution for a non-conforming structure that is now <br /> 90%complete. <br /> NOW, THEREFORE, BE IT RESOLVED,that the Lino Lakes City Council hereby <br /> approves the Variance of 3.2 feet to allow a 6.8-foot side yard setback for a principle <br /> structure in an R-1 PDO zone. <br /> Motion seconded by Dahl. Motion carried unanimously. <br /> Adopted by the Lino Lakes City Council this 2 =day of oc,c ; 2001. <br /> Jefrn J. rgeso , Mayor <br /> ATTEST: <br /> - - <br /> Ann Blair City Clerk <br />