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Variance to side yard set back - David & Mary Schwarz <br />Findings of Fact: <br />1. The applicants home is located in a part of the Old Village where special <br />historical conditions apply. <br />2. The lot size and shape were established before the City adopted its 1 acre, <br />and subsequently 1.5 acre minimum lot sizes. <br />3. Literal interpretation of local codes prevents the applicants from increasing <br />their bedroom size, but not the number. <br />4. The special circumstances are not a result of the applicants own action. <br />Applying a 1.5 acre minimum standard to all Lake Elmo homes makes a <br />number of other homes non conforming with no prospect of enlargement. <br />5. Granting of the variance will not confer a special privilege on the applicant. <br />Denial would permit others in adjacent properties, who had already received <br />variances to enjoy a special privilege. <br />6. The variance requested is the minimum needed to relieve the hardship. <br />7. Granting of the variance is not materially detrimental to the purposes of <br />the Ordinance. <br />8. The view from the lake, is not materially affected. <br />9. The DNR, which reviews all variances in the shoreland area, does not have <br />a concern with granting the variance. <br />