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demonstrated why it is necessary to add plumbing fixtures to the existing structure, a significant <br />deviation from the regulations. Again, the variance is being driven by design preferences. <br />Conclusion <br />The facts do not support a decision to approve and show that the design preferences are driving the <br />variance request. A decision to approve the variance would therefore be arbitrary and capricious. The <br />DNR recommends denial. <br />State rule and your ordinance requires that final variance decisions, including findings, be sent to the <br />DNR within 10 days of the decision. The DNR monitors local government variance decisions and may <br />appeal decisions we believe do not meet the statutory criteria and result in negative impacts to <br />shorelands and public waters. <br />If you have any questions, please call, or email me. <br />Sincerely, <br /> <br />Dan Scollan <br />Area Hydrologist <br />daniel.scollan@state.mn.us <br />651-259-5732 <br /> <br />c: Megan Moore, District Manager <br /> John (Jack) Gleason, Hydrologist Supervisor <br /> Dan Petrik, Shoreland Program Manager <br /> <br />129