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2020-007
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2020-007
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acres) and 16.029.21.34.0008 (Outlot G)(.28 acres) and that this lot and outlot be <br />combined for tax purposes so that they consist of a .69 acre lot. <br />b) That Lot 7 and Outlot G as they are combined be considered as buildable for a <br />single-family home. The home would be constructed on Lot 7 and the septic <br />system would be located on Outlot G. No improvements other than the septic <br />system would be allowed on Outlot G. <br />e) That the City would allow the construction of a septic system on Outlot G to <br />service Lot 7 with an area for the septic system that is 8,600 square feet instead of <br />20,000 square feet. <br />4) That the Applicant has established and demonstrated compliance with the variance criteria <br />set forth in Lake Elmo Zoning Code Section 154.109. Pursuant to that section of the Code, <br />a variance to a provision of the Zoning Code may be granted by the City upon the <br />application by the owner of the affected property where the strict enforcement of Zoning <br />Code would cause practical difficulties because of circumstances unique to the individual <br />property under consideration and then only when it is demonstrated that such actions will <br />be in keeping with the spirit and intent of the Zoning Code. "Practical difficulties" when <br />used in connection with the granting of a variance means that the property owner proposes <br />to use the property in a reasonable manner not permitted by an official control. The <br />problem for the landowner/applicant which the proposed variance is intended to correct <br />must be due to circumstances that are unique to the property in question and that were not <br />created by the landowner/applicant. The proposed variance must not alter the essential <br />character of the locality in which the property in question is located. Finally, the proposed <br />variance must not impair an adequate supply of light and air to property adjacent to the <br />property in question or substantially increase the congestion of the public streets or <br />substantially diminish or impair property values within the neighborhood. <br />a) With respect to the proposed variance for the size of the lot, strict enforcement of <br />the City's zoning regulations will cause practical difficulties for the Applicant. The <br />Applicant is requesting to use the Property in a reasonable manner (for a single- <br />family home) as it was originally intended. The surrounding neighborhood consists <br />of single-family homes. With that said, the Applicant's proposal to build a new <br />home on the Property falls in line with the existing neighborhood but a hardship is <br />now created simply because of a lapse in time, which is now only applicable to the <br />Property. There is not a request to further reduce the size of the lots, instead the <br />Property would become further conforming due to the two lots being combined into <br />one lot for tax purposes. The Applicant did not create these lots, so the Applicant's <br />plight was not caused by the Applicant. The Applicant was not involved with the <br />development of the Property or determining the minimum lot size for the RS <br />district. The issue only appears to exist because the Property failed to develop until <br />many years after the development was approved which is not the fault of the <br />Applicant. Therefore, the Applicant has established that there are practical <br />difficulties. <br />b) With respect to the proposed variance for the septic area, strict enforcement of the <br />City's zoning regulations will cause practical difficulties for the Applicant. The <br />applicant is proposing to use the Property in a reasonable manner as the Applicant <br />will be using it for a single-family home which is the use that the Property was <br />intended for. Furthermore, it has been proven, by the construction of homes on the <br />other lots in the development, that septic systems are capable of functioning on a <br />632992v1LA515-1 <br />
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