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CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-024 A RESOLUTION APPROVING ZONING VARIANCES FOR KEVIN AND GINA HAIRE LOCATED AT 8160 HILL TRAIL NORTH WHEREAS, Kevin and Gina Haire, 8160 Hill Trail North, has made application for a variance for a nonconforming parcel area and a variance to Section 325.06 Shoreland Standards, Subd. 4. A. Setback from Ordinary High Water Level of Lake Demontreville to construct a new home (after razing the existing home) on a parcel of 34,700 square feet (8/10 acre). WHEREAS, at its February 131h meeting, the Planning Commission reviewed and recommended approval of the variance from the OHW setback standards and minimum parcel area standards of the zoning ordinance at 8160 Hill Trail North, per the plans staff - dated February 9, 2006 based on the following findings: The property cannot be put to reasonable use without the granting of the variances requested. The OHW setback variance is the minimum possible given the unique circumstances of the parcel essentially "fronting" two lakes. The lot area variance responds to this "reasonable use" finding only due to the existence of a habitable dwelling and functioning private wastewater treatment system on this parcel. This Finding would not be applicable were this non -conforming vacant parcel of similar parcel area non -conformity. 2. The variances requested results from circumstances unique to this property prior to the adoption of Shoreland Regulations by the City resulting in OHW setback applicable from two lake frontages, and an existing home/functioning private wastewater treatment system constructed prior to current zoning ordinance/City Code lot area and septic treatment standards; and, the circumstances of the variance were not solely created by the applicant. 3. Granting of the variance will not change the essential character of the neighborhood. Significant mature trees on the parcel will effectively mitigate the visual impact of increased structure mass of the new house. WHEREAS, at its March 6th meeting, the Lake Elmo City Council reviewed the variance to Shore land OHW setback standards at 8160 Hill Trail and minimum parcel area standards for razing of an existing home and complete construction of a new home, with the proposed home is 52 feet from the OHW mark of Lake Demontreville based on the fuidings of the Planning Staff Report of February 8, 2006 and plans staff dated February 9, 2006, and subject to the following conditions: