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CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2024-074 A -RESOLUTIONAPPROV17VGA VARIANCE TOALLOWA REDUCED STRUCTURE SETBACK OF 47.2 FEET FROM THE 0,RDI]VARYHIGH-WATER LEVEL ON THE PROPERTYLOCATED AT 8286 HIDDENBAY COURT NORTH WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Jeff and Judy Otto (the "Applicants"), owners of the property located at 8286 Hidden Bay Court N, PID # 09.029.21.23.0013, Lake Elmo, MN 55042 (the "Property") have submitted an application to the City of Lake Elmo (the "City") to request a variance to allow a reduced structure setback of 47.2 feet from the ordinary high-water level for a new house; and WHEREAS, notice of a public hearing has been published, mailed, and posted pursuant to the Lake Elmo Zoning Code, Section 103.00.120; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on June 10t" 2024; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation of approval of the variance to the City Council as part of a Staff Memorandum dated June 18th 2024; and NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1. The Applicants are requesting a variance to allow for a reduced structure setback of 47.2 feet from the ordinary high-water level for a new single family home. 2. That the procedures for obtaining a variance are set forth in Section 105.12.320 of the Lake Elmo Zoning Code. Any action taken by the City Council to approve a variance request must meet all of the following findings: a. Practical Difficulties as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control.