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CASE.NUMBER: 1412-82 APPLICANT: Edward McCarty December 1982 "18.260. Variances from Standards. In any case, where upon application of any responsible parties to the City Council, it appears, that by reason of exceptional circumstances, the strict enforcement of any provision of the standards would cause unnecessary or that strict conformity with the standards would be unreasonable, impractical or not feasible under the circum- stances, the City Council may permit a variance therefrom upon such conditions as it may prescribe for management of shorelands consistent with the general purposes of this Chapter and the intent of this and all other applicable state and local regula- tions, laws, provided that: The condition causing the hardship is unique to the property; (2) The variance is proved necessary in order -to secure for the applicant a right or rights that are enjoyed by other owners in the same area or district; (3) The granting of the variance will not be contrary to the public interest or damaging to the rights of other persons or to property values in the neighborhood; and :(4) No variance shall be granted simply bec;.,Luse there are no objections or because those who do not object outnumber those who do; nor for any other reason than a proved hard- ship. Page 2 4.�'--: Examination of each of the criteria as applied to the proposed construction suggests the following analysis: (1) The condition causing the hardship is uniqi, to the 47 property. The remainder of the shoreline on Langton Lake both north and south of County Road C-2 has been left in its natural state. This was, of course, one of the prime objectives of establishing the Shoreline Zoning ordinance requirements in the first place. Itis also one of the stated objectives in the enabling l6gislation establishing the right and requirement for each city in the State of Minnesota to enact such an ordinance. Obviously, the fluctuating elevation of the water is not unique to the p rop erty but applies to all properties contiguous to the lake shore. tT, 4 (2) The variance is proved necessary in order to secure for the applicant a right or rights that are enjoyed by other owners in the same area or district.