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Shoreland Overlay District, but does not appear.to encroach on any of the standards within this zoning <br />overlay designation. <br />As a reminder, the Board of Adjustment is acting in a quasi-judicial capacity. Unlike the Planning <br />Commission, the Board. of Adjustment is not a recommending body, rather is deciding on approval or <br />denial of the Variance, subjeot to appeals to the City Council. When reviewing Variance requests, the <br />Board should be considering the following points, per Minnesota Statute 462.357: <br />• Can the Subject Property be put to any reasonable use without a Variance? <br />• Is the plight due to circumstances unique to the Subject Property not created by the Property <br />Owner? <br />• Will the Variance, if granted, alter the locality's essential character? <br />• Economic circumstances alone cannot create undue hardship. <br />Recommendation: <br />Staff recommends denial of the Variance based on the fact that there does not appear to be an undue <br />hardship on the property. Property owner may have a porch as a permitted encroachment, but it may not be <br />enclosed, per code. <br />Board Action: <br />Motion to adopt the Resolution adopting the Findings of Fact related to the request for a variance at 5971 <br />143`d Circle NW. <br />-and <br />Motion to deny the request for a variance at 5971 143`d Circle NW, based on the findings of fact. <br />Motion to Adopt the Resolution to approve the request for a variance to side yard setback in the R-1 <br />Residential (MUSA) District at 5971 143`d Circle NW, based on the findings of fact. <br />Reviewed by: <br />Associate Planner <br />BOA: 12.02.10 <br />Attachments: <br />a) Site location map <br />b) Photos of the subject property <br />c) Proposed Findings of Fact <br />d) Proposed Variance <br />Copies to: <br />City Attorney <br />