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Required Proposed Lot Area Minimum 14,000 SF 27,098 SF Front Yard Setback Minimum 40' 28' 11" Side Yard Setback 10, Minimum 30' 10" Setbackfrom OHWL 75' Minimum 141' 1" Landsca ed Area Greater than 65% 79.4% Structure Coverage Less than 25% 20.6% Floor Area Ratio Less than 0.3 0.12 Maximum Height 35' 267 8" 2. Variance Review The role of the City Council is to determine and consider how the facts presented to them compare with the city's articulated standards. The Council should base their decision on the facts presented and then apply those facts to the legal standards contained in city ordinances and relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a variance request. While the City Council may feel their decision should reflect the overall will of the residents, the task in considering a variance request is limited to evaluating how the variance application meets the statutory practical difficulties factors. Residents can often provide important facts that may help in addressing these factors, however, unsubstantiated opinions and reactions to a request do not form a legitimate basis for a variance decision. The City Council may impose conditions when granting variances as long as the conditions are directly related and bear a rough proportionality to the impact created by the variance. For instance, if a variance is granted to exceed the front setback limit, any conditions attached should presumably relate to mitigating the effect of the encroachment. 3. Variance Requirements — Section 1355.04, Subd. 4 The Applicants are requesting a front yard setback variance to demolition and reconstruct a single- family dwelling on the property located at 1861 Highway 96 W. The City Council will need to make a determination utilizing the following variance findings and criteria on whether there are practical difficulties with complying with the zoning regulations. If the applicants do not meet all the factors of the statutory test, then a variance should not be granted. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City's Zoning Regulations and with the policies of the City's Comprehensive Plan. The Applicants have stated "the new home proposed will still be in keeping with the spirit and intent of setback requirements. In the front, the proposed home generally meets the 40' setback requirement, especially when the nature of the highway easements which define the setbacks are considered, and is positioned similarly to neighboring homes which are set at less than 40'. In the rear, the new home is well back from the 75' minimum OHW setback, is positioned as far from the lake as possible given the lot shape and tree locations, and will not obstruct the neighboring home's lake view. " The land use will remain single family residential as zoned. Page 5 of 9