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<br />2350 WYCLIFF STREET - SUITE 200 • SAINT PAUL, MINNESOTA 55114 <br />TELEPHONE 651-224-3781 • FACSIMILE 651-223-8019 <br />www.kellyandlemmons.com <br /> <br />Kelly & Lemmons, P.A. <br />A T T O R N E Y S A T L A W <br /> <br /> • Chad D. Lemmons <br /> chadlemmons@kellyandlemmons.com <br /> Real Property Law Specialist, Certified by the Real <br />Property Section of the Minnesota State Bar Association <br />City Of Gem Lake City <br />Planning Commission <br /> <br />October 1, 2025 VIA EMAIL <br /> <br />RE: Application of Jeff and Nikki Foley for conditional use permit, variances, special home <br />occupational licensed for the property Located 3646 Labore Road Gem Lake Minnesota. <br /> <br />Dear Commissioners, <br /> The goal of the Applicants is to convert a single family home into what is essentially an <br />office building. First, I would like to discuss the application for variance. The rules and regulations <br />governing variances are set forth in Minn. Stat. 462.357 subdivision 6. A key finding when granting <br />a variance is that the plight of the land owner is due to circumstances unique to the property and not <br />created by the land owner. In this situation the plight is a direct result of the applicant’s intention to <br />use the existing home as office space. As a self-created difficulty, it is no basis for granting the <br />requested variance. Variances also require a showing that the property could not be put to a <br />reasonable use unless the variance is granted. Reasonable use is determined by uses (permitted or <br />conditional) allowed under the applicable zoning code. The existing single family use represents a <br />reasonable use of the property. While the proposed use as an office building is not a reasonable use. I <br />would next like to address the request for special home occupation licensee. Under the city’s <br />Consolidated Land Use Ordinance, Ordinance No. 131, a home occupation is a permitted accessory <br />use. in single family executive residential districts, see Section 6 subsection 2 (5). Appendix A to <br />Ordinance 131 defines an accessory use as a use incidental to the primary use. In the single family <br />executive residential district, the primary use is a single family, detached dwelling. The use as <br />Attachment K: City Attorney memo dated 10.1.2025