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trees per lot). Thus, no landscape plan is required. <br />Variance <br />City Code Section 106-220(c) lists the "practical difficulties" that can be used to justify a variance: <br />(c) Variances may be granted when the applicant for the variance establishes that there are practical difficulties <br />in complying with the zoning code. "Practical difficulties," as used in connection with the granting of a variance, <br />means: <br />(1) That the property owner proposes to use the property in a reasonable manner not permitted by the <br />zoning code; <br />(2) The plight of the landowner is due to circumstances unique to the property not created by the <br />landowner; <br />(3) The variance, if granted, will not alter the essential character of the locality. <br />(4) Economic considerations alone do not constitute practical difficulties; <br />(5) Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar <br />energy systems; and <br />(6) Public takings of property due to condemnation. <br />(7) Variances shall be granted for earth sheltered construction as defined in Minn. Stats. § 216C.06, subd. <br />14, when in harmony with this chapter. <br />The Scenic River Protection Overlay requires a minimum lot width of 300 feet and lot width is measured at the <br />minium setback (40 feet back from the front property line). The proposed lot is 170.46 feet in width and it widens <br />out behind the adjacent property to the south. The applicant is proposing the building site in this wider area. With <br />that, our Area Hydrologist with the Minnesota Department of Natural Resources stated that there is no concern <br />with granting the variance. Staff is recommending a condition of the variance that the area encumbered by the <br />Overlay is platted with a large drainage easement so that it is not buildable should a future buyer decide a house <br />or accessory building is desired in that area. With the house setback outside the Overlay area, then practical <br />difficulty #3 can be used. <br />Encroachments <br />It is noted that there are encroachments on the property. The home to the southeast has a paved and unpaved <br />driveway/parking pad crossing the property line. The plans note that this encroachment will be removed. As seen <br />from aerial photos, there are also paths crossing the property from the house to the northeast, also owned by the <br />property owner. These paths must be abandoned with the ground cover restored as they would cross a property <br />that the O'Shaughnessy's are intending to sell and a cross-access private driveway is not advised. <br /> <br />Notification: <br />Public notification was mailed to property owners within 700 feet of the site. A legal notice was placed in the <br />January 9, 2026, Anoka Union Herald Newspaper. Signs were placed on the property along St. Francis Blvd. NW <br />and Germanium St. NW. <br />Time Frame/Observations/Alternatives: <br />Alternatives to Consider <br />1. Recommend approval of the preliminary plat and variance as requested by the property owner and <br />recommended by the EPB and staff. <br />2. Recommend approval with modifications. <br />3. Recommend denial of the preliminary plat and/or variance based on specific findings. <br />Funding Source: <br />All costs associated with this proposal are the responsibilty of the applicant. <br />Recommendation: <br />The EPB and Staff recommend approval of the preliminary plat and variance.