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construction. The applicant is requesting to plant three trees per lot, rather than the required five trees per acre of disturbed land. 4) 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: The request by the developer to reduce the overall number of tees is based on more recent urban development characteristics. In rural areas, property owners are more likely to add trees to lots after homesites are established. The property is being used in a reasonable manner and trees will be provided at a higher rate per lot than denser urban development. 5) Unique Circumstances the plight of the landowner is due to circumstances not created by the landowner: A higher number of trees on a per -lot basis are expected with this rural development than denser urban developments. No recent rural developments have occurred since the adoption of new landscaping requirements. 6) Character of Locality the proposed variance will not alter the essential character of the locality in which the property in question is located: Approval of the proposed variance will not result in a development with fewer trees per lot than other new developments in Lake Elmo. In this way, the development will be consistent with the character of the locality. 7) Adjacent Properties and Traffic the proposed variance will not impair an adequate supply of light and air to properties adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood: The proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets. The number of trees planted will reflect other rural developments and is not expected to have an adverse impact on surrounding properties or their value. DECISION NOW, THEREFORE, BE IT FURTHER RESOLVED, and based upon the information received and the above Findings, that the City Council of the City of Lake Elmo hereby approves with conditions a variance request to the provisions of LEC 105.12.480(c,2) which would allow fewer than five trees per acre of disturbed land reduced front yard setback on the property on the property located at 2298 Inwood Ave N. The conditions for approval are outlined below: 1. This variance approval is only for the plat to be known as Highpointe Crossing. 2. If approved, this variance shall expire if the work does not commence within 12 months of the date of granting the variance. 2