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A THECrrvf, O[ VlE ELMO 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: Strict enforcement of the code would not allow for a reasonably sized detached structure in an accessible location on the property. Building in a location which complies with the City's setback requirements and VBWD pond regulations would require substantial grading activity which would disturb the wetland areas, cause significant tree removal, and disturb/compact area around the septic area, while also restricting access to the septic manhole. 5) Unique Circumstances the plight of the landowner is due to circumstances not created by the landowner: The unique site conditions of nearby Klawitter Pond and its associated elevation restrictions, as well as the location of the septic manhole are existing and not created by the landowner and restrict the buildable area on the property. 6) Character of Locality the proposed variance will not alter the essential character of the locality in which the property in question is located: The proposed request should not alter the character of the neighborhood. The scale and use of the proposed detached structure is consistent with the surrounding properties. With this request, the site's impervious surface will be reduced and brought into conformance (15116). 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 request should have no negative effect on light and air to adjacent properties. The accessory structure would not encroach easements and would remain a fair distance from neighboring dwelling units while also being screened by existing vegetation. Property values should not be diminished from the request. The request should not increase congestion in the public street. 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 the request with conditions for a variance request to allow reduced front yard setbacks on the property located at 9960 57`h St N. The conditions for approval are outlined below: 1. The applicant must remove the gravel driveway and reestablish pervious cover prior to issuance of a building permit of the proposed accessory structure. The impervious surface area must not exceed 15% of the lot area upon completion of construction. 2. Building materials must be aesthetically similar to the existing home.