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RESOLUTION NO 2007-060 WHEREAS, the City of Lake Elmo is a municipal corporation, organized and existing under the laws of the State of Minnesota; and, WHEREAS, the City Council of the City of Lake Elmo has adopted zoning regulations in the Municipal Code to promote orderly development and utilization of land within the city; and, WHEREAS, Paul Mencke ("Applicant ") is owner of property in Lake Elmo which is legally described as follows: LOT 3, BLOCK 1, LAKE JANE MANOR NO. 1, WASHINGTON COUNTY, MINNESOTA WHEREAS, the Applicant property is located within the R -1 zoning district; and, WHEREAS, City Code requires a setback of 100 feet from the OHW for Lake Jane for all structures; and, WHEREAS, City Code requires a setback of 10 feet from the interior side yard for all structures in the R1 zoning district; and, WHEREAS, the Applicant's home is currently located 71 -feet from the OHW of Lake Jane; and, WHEREAS, the Applicant's home is currently located 0.1 feet from the western property line; and, WHEREAS, the Applicant is seeking to construct a second story addition which will also be nonconforming to Lakeshore and side yard setback requirements; and, WHEREAS, the Planning Commission reviewed the request on August 27, 2007, and unanimously recommended approval of the requested variances with conditions; and, WHEREAS, the City Council reviewed the request on September 4, 2007, and made the following findings of fact: 1. The request is reasonable as the applicant was not responsible for creating the existing nonconformities; 2. None of the existing nonconformities will be expanded as a result of the second story addition; 3. The circumstances surrounding the existing nonconformities are not generally applicable to other structures in the R1 zoning district.