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2 <br />Findings: A single family house is consistent with the zoning district and shoreland <br />overlay district. With this request the site’s impervious surface will be reduced and <br />brought into conformance (15%). <br />b.Unique Circumstances - the problem for the landowner/applicant which the intended <br />variance is intended to correct is unique to the property in question that was not created <br />by the landowner/applicant. <br />Findings: The OHWL setback and zoning setbacks on this property significantly <br />impact buildable area. Staff finds the site revisions made from the previous request <br />better meet the intent of the shoreland overlay code. The applicants are not proposing <br />to encroach any further than the existing conditions. <br />c.Character of Locality - the proposed variance will not alter the essential character of <br />the locality in which the property in question is located. <br />Findings: Essential character should not be altered with this request. The proposal is <br />at the same setback as the current structure. <br />d.Adjacent Properties and Traffic - the proposed variance will not impair an adequate <br />supply of light and air to properties adjacent to the property in question or substantially <br />increase the congestion of the public streets or substantially diminish or impair property <br />values within the neighborhood. <br />Findings: The reduced structure setback should not increase congestion on a public <br />street or negatively impair adjacent properties. <br />DECISION <br />NOW, THEREFORE, BE IT FURTHER RESOLVED, and based upon the <br />information received and the above Findings, that the City Council of the City of Lake Elmo <br />hereby approves the Applicants’ request for a variance to allow a reduced structure setback from <br />the ordinary high-water level on the Property, subject to the following conditions: <br />1. This variance approval is only for a reduced structure setback from the ordinary high <br />water level to 47.2 feet. <br />2. The applicant must obtain all other necessary City, State, and other governing body <br />permits and approvals prior to construction. <br />3. If approved, this variance shall expire if work does not commence within 12 months of <br />the date of granting the variance. <br />Passed and duly adopted this 2nd day of July, 2024 by the City Council of the City of Lake Elmo, <br />Minnesota <br />____________________________________ <br />Mayor Charles Cadenhead <br />ATTEST: <br />_______________________________ <br />Julie Johnson, City Clerk