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<br />8. That the principal structure on the Subject Property is considered lawful, non-conforming. <br /> <br />9. That Section 9.11.02 of the Ramsey City Code does not permit the construction of detached <br />accessory buildings nearer the front property line than the principal structure on lots less <br />than two (2) acres in size. <br /> <br />10. That MN Rules Chapter 7080 requires a minimum setback of twenty (20) feet between an <br />individual sewage treatment system (ISTS) and a building. <br /> <br />11. That the Applicants are proposing to construct a twenty-four-by thirty foot (24' x 30') <br />accessory building on the Subject Property. <br /> <br />12. That due to the setback requirement from the Rum River and the location of the current <br />ISTS, the Applicant is proposing an accessory building that will be located nearer the front <br />property line than the home. <br /> <br />13. That the minimum front and side yard setback for properties within the R-1 Rural <br />Developing District are forty (40) feet and ten (10) feet, respectively. <br /> <br />14. That the proposed accessory building will be forty-three (43) feet from the front property <br />line and at least ten (10) feet from the side property line. <br /> <br />15. That the total square footage of accessory buildings on the Subject Property will be 1,536 <br />square feet (existing 816 square foot attached garage and 720 square foot proposed <br />detached accessory building). <br /> <br />16. That properties between 1 and 1.49 acres in size are eligible for a total of 2,200 square feet <br />of accessory building space. <br /> <br />17. That if the accessory building were to be constructed in the rear yard, it would intensify the <br />existing encroachment on the 150 foot setback from the Rum River resulting from the <br />lawful, non-conforming location of the principal structure. <br /> <br />18. That the Rum River setback requirement imposes a hardship on the Subject Property that is <br />not applicable to other lands in the same zoning district. <br /> <br />19. That the variance application and supporting information were forwarded to Minnesota <br />Department of Natural Resources (the "DNR") for review and comment and the DNR <br />responded with no objections to the request. <br /> <br />20. That, if granted, the variance will not impair an adequate supply of light and air to adjacent <br />property . <br /> <br />21. That, if granted, the variance will not have the effect of allowing a use that is prohibited in <br />the applicable zoning district. <br /> <br />RESOLUTION #09-11-254 <br />Page 2 of 4 <br />