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6 <br /> <br />12. The proposed use will not result in the destruction, loss or damage of a natural or <br />scenic feature of major importance. <br />The proposed use should not result in the destruction, loss or damage of the natural <br />environment. <br /> <br />Variance Findings: An applicant must establish and demonstrate compliance with the <br />variance criteria set forth in Lake Elmo City Code Section 105.12.320 before the City may <br />grant an exception or modification to city code requirements. These criteria are listed <br />below, along with comments from Staff about the applicability of these criteria to the <br />applicant’s request. Staff recommends the following findings: <br />1) Practical Difficulties. A variance to the provision of this chapter may be granted by the <br />Board of Adjustment upon the application by the owner of the affected property where <br />the strict enforcement of this chapter would cause practical difficulties because of <br />circumstances unique to the individual property under consideration and then only when <br />it is demonstrated that such actions will be in keeping with the spirit and intent of this <br />chapter. Definition of practical difficulties - “Practical difficulties” as used in <br />connection with the granting of a variance, means that the property owner proposes to <br />use the property in a reasonable manner not permitted by an official control. <br />The lot is an existing legal nonconformity in terms of impervious surface and uniquely <br />shaped (barbell), which encloses the nonresidential activities in the Golf Course <br />Community. Nonresidential/commercial are anticipated in a golf course of this size. <br />The GCC code does not differentiate between the residential and nonresidential uses in <br />the zoning district for impervious surface requirements, although both are required to <br />compose a golf course community. <br />2) Unique Circumstances. The plight of the landowner is due to circumstances unique to <br />the property not created by the landowner. <br />The subject property is the location for parking for the surrounding golf course, <br />clubhouse, amenities, and administrative spaces and as such, it is necessary for the <br />subject property to contain greater impervious coverage. The function of the golf <br />course requires the whole set of parcels; the golf course landscape parcels cannot <br />function as intended without the clubhouse parcel, and vice versa. <br />3) 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 />The variance will not impact the essential character of the area. The subject property <br />is surrounded by a pervious golf course, which the subject property provides parking <br />and other facilities for. The overall impervious coverage increase for the parcel <br />holistically should not alter the essential character of the community. <br />4) 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 subject property is adequately buffered from residential properties through green <br />space and landscaping and as such the variance should not impair adjacent <br />properties.