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the justification be provided in writing so it can be reviewed by the Board, City Council (if <br />appealed), or a reviewing court. See water -oriented accessory structure or facility definition. <br />Vill. Record Preservation <br />Because variance denials must be supported by legally valid findings, and because <br />Minnesota courts routinely reverse denials based on misapplied standards, this memo is <br />being entered into the record to preserve our right to appeal if necessary. <br />IX. Conclusion <br />We respectfully request that staff update the variance calculation before the November 25 <br />hearing so that the Board votes on the actual variance being requested (+60 sq. ft. enclosed <br />storage). We welcome further clarification or discussion prior to the hearing. <br />Sincerely, <br />Benjamin &Andrea Poythress <br />Applicants - Case V 25-18 <br />Page 305 of 447 <br />