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19. That the Applicant references a variance approved for Lot 15, Bowers Mississippi Acres, reserving easement over the rear ten feet for public utility, Anoka County, Minnesota. That variance was approved due to a hardship created by the Wild and Scenic Overlay District and the Mississippi River Critical Area Overlay District," as documented by Findings of Fact #0828, adopted by City Resolution #08-07-118, herein incorporated as reference. 20. That the Applicant references a variance approved for Lot 2, Block?, Hall-Anderson Acres, subject to the easement as shown on plat, (subject to easement grant 4-2-74), Anoka County, Minnesota. This variance was granted to exceed a ten foot sidewall. height restriction as documented by Findings of Fact #0829, adopted by City Resolution #08-09- 167, herein incorporated as reference. This variance was not for a deviation from the setbacks for accessory structures. 21. That the Applicant references a variance approved for the parcel generally known as 17725 Nowthen Blvd NW. This variance was approved due to an existing wetland on the parcel and the steep topography as documents by Findings of Fact #0849 adopted by City Resolution #09-08-164, herein incorporated as reference. The change in grade on this parcel appears to be ten feet from the highest point on the parcel to the lowest point on the parcel. . 22. That the mlmmum front and side yard setback for properties within the R-1 Rural Developing District are forty (40) feet and ten (10) feet, respectively. 23. That the Structure will be greater than forty (40) feet from the front property line and at least ten (10) feet from the side property line, meeting all other setbacks other than being located closer to the front property line than that of the principal structure. 24. That the total square footage of accessory buildings on the Subject Property will be 1,536 square feet (existing 816 square foot attached garage and 720 square foot proposed detached accessory building). 25. That properties between one:'half (0.5) acres and one (1) acre in size are eligible for a total of 1,800 square feet of accessory building space. 26. That it appears that an area with adequate buildable area to the side of the existing garage has a change in grade of approximately two (2) feet (the "Alternative Location") may exist. The Alternative Area appears to be able to meet applicable setbacks. 27. That the Applicant has submitted a response the Alternative Location, attached as Exhibit B. 28. That the Applicant has stated that the Alternative Location is unacceptable due to impact to trees, existing utilities, change in topography, and increased visibility of the Structure by neighboring properties. 29. That the Subject Property can/cannot be put to a reasonable use without the variance. RESOLUTION #09-12-_ Page 3 of 4 12