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b. The applicant is requesting a variance for deviation from the lot width minimum of <br />Lot 9 (60.88') and Lot 10 (59.87') <br />c. The applicant is requesting a variance for deviation from the lot area minimum of <br />Lot 9 (17,369 SF) and Lot 10 (16,961 SF) <br />d. The applicant is requesting a variance for deviation from primary (5.5') and <br />accessory structure (3.1') setbacks for the existing structures on lot 9. <br />4) Practical Difficulties as used in connection with the granting of a variance, means that the <br />property owner proposes to use the property in a reasonable manner not permitted by an <br />official control. <br />The applicants are proposing to split the property and maintain the single-family dwelling <br />unit on each lot. The property already has separate utility stubs and access points. Dividing <br />the lot would make the property consistent to how it was originally platted as Lot 9 and <br />Lot 10 of Lake Elmo Park and clarify ownership.. <br />5) Unique Circumstances the plight of the landowner is due to circumstances not created by <br />the landowner: <br />The current property owners did not consolidate the parcels. Rural Single Family (RS) <br />zoning does not permit two primary dwelling units on a single parcel. By dividing the lots, <br />the applicant would be making the parcel more conforming with the RS zoning district. <br />6) Character of Locality the proposed variance will not alter the essential character of the <br />locality in which the property in question is located: <br />No construction or alteration of structures is proposed with this request. Since the proposal <br />is adding a single property line, the essential character should not be negatively impacted. <br />7) 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 />The property is to remain in two single family dwelling units. The variances should not <br />negatively impair adjacent properties, property values, or increase congestion on the <br />public street. <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 request with conditions for a lot division and variances for the property <br />located at 10997 32d Street North. The conditions for approval are outlined below: <br />1. To comply with the DNR nonconforming shoreland lots, neither property shall exceed <br />25% impervious surface with any current or future development. <br />