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FILE#15-3794 <br /> 12 Nov 15 <br /> Page 3 of 4 <br /> subd. 2, when in harmony with this chapter. The board or the council may not permit as a <br /> variance any use that is not permitted under this chapter for property in the zone where the <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 /> proposed variance will be in harmony with the intent of the Zoning Code as the <br /> proposed structure will be screened from view by the vegetation that exists between <br /> the proposed structure and Bayside Road. <br /> 2. The variance is consistent with the comprehensive plan. The variance would allow for <br /> the preservation of trees and septic system treatment areas in other locations on the <br /> property. <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; The construction of a pole barn in the <br /> proposed location is reasonable on this heavily wooded, 7 acre residential <br /> property. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The shape of this lot,the existing tree stands combined with the location of the <br /> home on the property result in a unique circumstance allowing for a 2,400 <br /> square foot pole building to be almost completely screened from view off the <br /> property; and <br /> c. The variance will not alter the essential character of the locality. The pole barn <br /> will be screened adequately year round and will not be visually discernable <br /> when viewed from off of the property. This condition is met. <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 property exceeds the minimum 2.0 <br /> acre requirement and contains a large number of mature trees for screening. The pole <br /> barn will be adequately situated between mature trees, wetlands and the alternate <br /> septic site. <br /> 5. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The property is unique in its"L"configuration,size,existing mature <br /> trees and wetlands. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.The applicant has stated that this is so. <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 pole barn <br /> in the proposed location will not impair the health, safety, comfort or morals of the <br /> public. <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 applicant has stated this is so. <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 />