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2 <br />CITY AGENCY REVIEW: <br />This request was distributed to the City Engineer and Fire Department on February 1st 2023. <br />Fire Department Email Dated 2/7/2023: <br />•Building address numbers shall be plainly visible from the street fronting the property <br />and shall contrasting color from the background. Addresses may be required to be posted <br />adjacent to driveways or other access ways. <br />City Engineer Email Dated 2/3/2023: <br />•There does not appear to be any infrastructure (watermain/storm sewer) located along the <br />side lot lines. <br />•Any approvals should be conditioned on the improvements not altering drainage patterns <br />that impact neighboring properties. <br />REVIEW AND ANALYSIS/DRAFT FINDINGS: <br />An applicant must establish and demonstrate compliance with the variance criteria set forth in <br />Lake Elmo City Code Section 105.12.320 set forth by the MN Stat. 462.357 subd.6 before the <br />City may 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 applicant’s <br />request. <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 the <br />strict enforcement of this chapter would cause practical difficulties because of circumstances <br />unique to the individual property under consideration and then only when it is demonstrated <br />that such actions will be in keeping with the spirit and intent of this chapter. Definition of <br />practical difficulties - “Practical difficulties” as used in connection with the granting of a <br />variance, means that the property owner proposes to use the property in a reasonable manner <br />not permitted by an official control. <br />FINDINGS: Strict enforcement of the code would create the inability for any proposed <br />addition to the home. Due to the narrow and long lot layout the front and sides of the home <br />are already encroaching setback requirements while the septic system restricts any addition <br />to the rear of the home. <br />2)Unique Circumstances. The plight of the landowner is due to circumstances unique to the <br />property not created by the landowner. <br />FINDINGS: The property owner is not responsible for the lot layout nor the existing legal <br />nonconformity of the building encroachment into setbacks. The home was built in 1987. The <br />current owner purchased the home in 2019. <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.