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nonconforming. The need for the variance is due to the dedication of additional right-of-way for the existing <br />county road. <br />(2)Unique circumstances. <br />A road connection is required in the alignment that is proposed. But for front yard setbacks, the lots would <br />meet the applicable bulk standards in every way. The existing farmstead house on the property was built in <br />1925. The need for the variance is due to the dedication of additional right-of-way for the existing county <br />road. <br />(3)Character of locality. <br />Front yard setback reduction will allow for an increase in the rear yard areas on the lots, which will enhance <br />the buffer to existing lots and land uses. This is in line with the rural development character. The farmstead <br />house has been located on this site since 1925. There is no change in the character. <br />(4)Adjacent properties and traffic. <br />This variance will not impact the supply of light and air to the adjacent property, or increase traffic on the <br />public streets. <br />Landscaping per Disturbed Acre: Staff recommends that the City deny the variance request from the total <br />number of trees, this would result in an added 45 trees in the development to meet the 5 trees per disturbed <br />acre requirement. The variance denial could be based on the following findings: <br />(1)Practical difficulties. <br />The request by the developer to reduce the overall number of tees is based on more recent urban <br />development characteristics. In rural areas, property owners are more likely to add trees to lots after <br />homesites are established. The property is being used in a reasonable manner and trees will be provided at a <br />higher rate per lot than denser urban development. <br />(2)Unique circumstances. <br />A higher number of trees on a per-lot basis are expected with this rural development than denser urban <br />developments. No recent rural developments have occurred since the adoption of new landscaping <br />requirements. <br />(3)Character of locality. <br />Approval of the proposed variance will not result in a development with fewer trees per lot than other new <br />developments in Lake Elmo. In this way, the development will be consistent with the character of the locality. <br />(4)Adjacent properties and traffic. <br />The proposed variance will not impair an adequate supply of light and air to property adjacent to the property <br />in question or substantially increase the congestion of the public streets. The number of trees planted will <br />reflect other rural developments and is not expected to have an adverse impact on surrounding properties or <br />their value. <br />Sidewalk on one side of street: Variances to the provisions of the Subdivision Ordinance must meet the criteria <br />listed in LEC 103.00.110 (c). Staff recommend approval of this request based on the following findings: <br />(1)The property owner proposes to use the property in a reasonable manner. The design of the development is <br />consistent with the other provisions of this ordinance. <br />(2)The proposed development is a rural development with large lots. Sidewalks are not a common element in <br />rural developments. <br />(3)The variance, if granted, will not alter the essential character of the locality. There are no sidewalks located in <br />the adjacent Lake Elmo developments. <br />Preliminary Plat. Staff recommends approval of the Preliminary Plat based on the following findings: