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CITY OF GEM LAKE, MINNESOTA RESOLUTION NO. 2025-031 RESOLUTION DENYING A VARIANCE REQUEST FOR 3646 LABORE ROAD, PID 283022440005 WHEREAS, Jeff and Nikki Foley, applicants on behalf of the Carole M. Schilling Trust and Carole M. Schilling, Trustee, the property owner(s) made an application to request variances to allow for more than one (1) nonresidential employee and more than three (3) off-street parking spaces to operate a home occupation to provide appointment-only financial services located at the property listed above; and WHEREAS, the Planning Commission reviewed the request at a duly noticed public hearing on October 7, 2025, and determined that the proposed request did not meet the criteria approval, and voted to recommend denial of the request with findings for denial; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF GEM LAKE, RAMSEY COUNTY, MINNESOTA, that it should and hereby does direct staff to deny the variance requests to allow for the home occupation located at the property addressed as 3646 Labore Road. FURTHER BE IT RESOLVED that the following findings for denial are made as the application has not satisfied the following criteria: 1. Ordinance No. 131, Section 17 (Section 4) outlines the required findings for variance: a. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance; b. The plight of the landowner is due to circumstances unique created by the landowner as the circumstances are not currently present; c. The variance, if granted, is in keeping with other adjacent commercial uses in the immediate area but is different from the other residential uses found in the Single- Family Executive “RX” Residential District. The zone does not allow for commercial business functions apart from home occupations, county clubs, golf courses, and other private commercial recreation areas and facilities, and bed and breakfast establishments. There are other properties in the vicinity are zoned Gateway which is where much of the public facing commercial activity occurs. d. Economic considerations alone do not constitute practical difficulties and are not identified or found to be creating practical difficulties. e. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems which is not applicable to this request. 2. The applicant is required to adhere to all applicable local, State, or Federal regulations. 3. The applicant is required acquire any other applicable local, State, or Federal permits for this request.