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August 21, 2025 <br />Page 2 <br />would otherwise apply.112 Here, the Owner requested a variance from a dimensional <br />standard, the average lakeshore setback (Setback).3 <br />The Purposes and Intent of the Setback Ordinance <br />At the Planning Commission and City Council meetings, City representatives repeatedly <br />said or agreed that (1) the purpose and intent of the Setback ordinance is to protect lake <br />views from homes on adjacent property, and (2) the Owner's variance, if granted, would <br />not interfere with or affect lake views from homes on adjacent property. In fact, the record <br />establishes that the adjacent property owners to the east and west would have to look <br />backwards to see the pool cabana. Under these circumstances, the City's denial defies <br />common sense and lacks a rational basis. <br />In contrast to the City Council's decision and the Staff s recommendations, the Planning <br />Commission correctly applied the practical difficulties standard and unanimously <br />recommended approval of the Setback variance on the condition that the pool cabana meet <br />the setback requirement from the primary residence. The Owner agreed and adjusted its <br />plan to meet that requirement. <br />Statutory Standards for Granting a Variance <br />Minn. Stat. § 462.357, subd. 6(2), establishes the standards the City must apply to a variance <br />request: <br />• "Variances shall only be permitted when they are in [a] harmony with the general <br />purposes and intent of the ordinance and [b] when the variances are consistent with <br />the comprehensive plan." <br />• "Variances may be granted when the applicant establishes that there are practical <br />difficulties in complying with the zoning ordinance. <br />`Practical difficulties,' as used in connection with the granting of a variance, means <br />that [1] the property owner proposes to use the property in a reasonable manner not <br />permitted by the zoning ordinance; [2] the plight of the landowner is due to <br />circumstances unique to the property not created by the landowner; and [3] the <br />variance, if granted, will not alter the essential character of the locality. Economic <br />considerations alone do not constitute practice difficulties.' 4 <br />2 https://www.Imc.orv,/resources/land-use-variances/ The City, as expected, relies on publications from the League of <br />Minnesota Cities. See e.g., https://www.oronomn.gov/254/City-Council (including a link to League's Handbook for <br />Minnesota Cities). <br />3 Owner reserves, and does not waive, all arguments that the Setback does not apply to the pool cabana. <br />4 Minn. Stat. § 462.357, subd. 6(2). <br />231030270.2 <br />135 <br />