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' FILE#15-3725 <br /> 17 Sept 2015 <br /> Page 3 of 5 <br /> affected person's land is located.The board or council may permit as a variance the temporary <br /> use of a one-family dwelling as a two-family dwelling. <br /> According to MN §462.537 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. The <br /> repair and stabilization of the lake slope by mechanical means has no impact on the <br /> residential character of the property. <br /> 2. The variance is consistent with the comprehensive plan. The variance to permit <br /> installation of subgrade retaining wails for repair of an eroded lake slope is consistent <br /> with the Comp Plan. The improvement will not be visible once completed. <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; Staff believes this criterion to be met. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The erosion damage on the slope was not caused by the property owners; and <br /> c. The variance will not alter the essential character of the locality. The repair and <br /> stabilization of the lake slope with the installation of subgrade walls has no <br /> impact on the residential character of the property and will not be visible above <br /> ground or from the lake. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 4. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property.The properties have a steep slope that has <br /> been deteriorating for years. Many other properties along the lake shore have similar <br /> challenges. <br /> 5. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. Many other properties along the lake shore have similar erosion <br /> concerns. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Staff believes this criterion to be met. <br /> 7. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals,or in any other respect be contrary to the intent of this chapter. The granting <br /> of the setback variance is necessary in order to preserve health and safety by <br /> preventing further erosion and damage to the lake slope. <br /> 8. The granting of such variance will not merely serve as a convenience to the applicant, <br /> but is necessary to alleviate demonstrable difficulty. The variance is necessary in order <br /> to stop the current damage and prevent further erosion into the lake. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Applicable Re�ulation: Conditional Use Permit (Section 78-9161 <br /> The Planning Commission may recommend and the Council may grant a Conditional Use <br /> Permit(CUP) as the use permit was applied for or in modified form. On the basis of the <br />