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2. That the procedures for obtaining a variance are set forth in Section 105.12.320 of the Lake <br />Elmo Zoning Code. Any action taken by the City Council to approve a variance request <br />must meet all the following findings: <br />a. Practical Difficulties as used in connection with the granting of a variance, means that <br />the property owner proposes to use the property in a reasonable manner not permitted <br />by an official control. FINDINGS: The practical difficulties criteria is about what is <br />reasonable given the purpose of the ordinance, not what is reasonable to the applicant. <br />The request should be the minimum necessary to achieve the purpose of the ordinance. <br />Enjoyment of the parcel in its natural state, building a smaller house, moving the house <br />further from the lake, or even using the property as an access to Sunfish Lake, are <br />reasonable and sufficient uses of the property. Staff finds that constructing a large <br />single family home is not a necessity in this sensitive natural area. Practical <br />Difficulties Criteria is not met. <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 were not created <br />by the land owner/applicant. FINDINGS: Staff understands that the Applicants have <br />owned this property for many years and did not create their parcel. While the bluff <br />setback requirements and shoreland overlay restrictions may have not been in place <br />when the property was purchased, any future development is required to adhere to <br />them. In addition, the Applicants have the ability to acquire additional property by <br />revising the outlot shape within NorthStar to create a site design that requires minimal <br />or no variances. The Applicants may also change the location of the house or decrease <br />its size. The Applicants have not demonstrated any attempts to avoid variances based <br />on the size or placement of the home or attempts to acquire more property. Unique <br />Circumstances Criteria is not met. <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: FINDINGS: The Applicants <br />are proposing to develop their property that is situated within a natural bluff and <br />shoreland area citing that there are existing adjacent residential homes. Stafffands that <br />the existing homes along the South and West were built many years ago, likely under <br />different less restrictive requirements. Development on the North and East side of the <br />lake, adjacent to this parcel, such as Hamlet on Sunfish Lake and Northstar were <br />developed to avoid these sensitive areas. This request directly conflicts with the bluff <br />and shoreland regulations that were implemented to protect these sensitive areas. <br />Character of Locality Criteria is not met. <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: FINDINGS: Although no streets or infrastructure are <br />2 <br />LA515\1\1007190.v1 <br />