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FILE #LA24-000058 <br />18 November 2024 <br />Page 3 of 5 <br /> <br /> <br />construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The <br />board or the council may not permit as a variance any use that is not permitted under this chapter for <br />property in the zone where the affected person's land is located. The board or council may permit as <br />a variance the temporary use of a one-family dwelling as a two-family dwelling. <br /> <br />According to MN §462.357 Subd. 6(2) variances shall only be permitted when: <br />1. The variance is in harmony with the general intent and purpose of the Ordinance: <br /> <br />The ALS and the 75’ lakeshore setback make the development and improvement of this <br />property challenging. The proposal does not further encroach into either setback beyond the <br />house and decks that are existing and decreased the overall hardcover for the site, meeting <br />the intent and purpose of the Ordinance. <br /> <br />2. The variance is consistent with the comprehensive plan: <br /> <br />The proposed variances to construct a deck addition with no additional setback <br />encroachments with an overall reduction in hardcover is consistent with the comprehensive <br />plan. <br /> <br /> <br />3. The applicant establishes that there are practical difficulties. <br />a. The property owner proposes to use the property in a reasonable manner not <br />permitted by the official controls: <br /> <br />The request to permit the home addition within the 75-foot setback and average <br />lakeshore setback appears to be reasonable considering the location of the existing <br />home, the orientation of the neighboring homes to the lakeshore, and the existing <br />mature vegetative screening. The request is reasonable. <br /> <br />b. There are circumstances unique to the property not created by the landowner: <br /> <br />The location of the existing home prevents changes or expansions of the home <br />consistent with the neighborhood. The proposed overall hardcover level is being <br />reduced and the addition will not impact the views of the lake from the neighboring <br />homes. The circumstances are unique to the property. <br /> <br />c. The variance will not alter the essential character of the locality: <br /> <br />The variance is requested to permit the construction of a small addition to the home <br />designed to minimize impacts on the lake. The project will not create any further <br />encroachment toward the lake and the location will not impact the neighbor’s views <br />of the lake and will fit the character of the neighborhood according to the submitted <br />information. <br /> <br />Additionally, City Code 78-123 provides additional parameters within which a variance may be <br />granted as follows: <br />4. Economic considerations alone do not constitute practical difficulties: <br /> <br />Economic considerations have not been a factor in the variance approval determination. <br />70