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7. That MN Rules Chapter 7080 requires a minimum setback of twenty (20) feet between an individual sewage treatment system (ISTS)' and a building. ' The Structure appears to be approximately twenty-two (22) feet from the private septic system. 8. That'the Applicant has submitted a site plan depicting the Applicant's preferred location, herein attached a,s Exhibit A ' " , ' 9. That Applicant has stated that the Subject Property is approximately one acre, as are almost all the surrounding parcels. 10. That the Applicant has stated that the neighborhood's essential character is one which almost all homes have been built in ways to maximize tree preservation. 11. That the Applicant has stated that City Code is intended for much smaller, conventional quarter acre lots. City Code ~117-349 (Accessory Uses and Buildings) states that any , accessory building must be located in the side or rear yard on parcels less than two acres. The City finds that City Code was not intended for smaller lots as referenced by the Applicant, and applies to the Subject Property. ' 12. That the Applicant has stated that the'rear of the Subject Property has always been low- lying land and will occasionally collect water. The City finds that it appears that the change in grade in the rear ofthe SubjectProp~w is approximately four (4) feet.' , ' 13. ' ' That the Applicant has stated that the Variance is needed to preserve several 60-70 year old, mature, and highly desirable red oak and cedar trees. The Applicant states that'removal of these trees harms the essential character of the neighborhood, reduce the property value of the Subject Property, and would not be appreciated by adjacent neighbors. , 14. The Applicant has stated that the Variance is needed due to the location of the current residential dwelling unit, set back close to the rear property line, as' are many other structures on adjoining properties. The Applicant has further stated that the Structure would be more visible to adjoining property owners if the Structure were located in the rear yard. '15. That the Applicant has stated that the Variance is needed because the Subject Property is almost completely (90%) screened on all sides by existing younger Cedar, Oak, and evergreen trees; The Applicant has stated that if built as proposed,' the Structure should be minimally visible and existing and future tree plantings will screen the structure from all neighbors even more effectively than existing foliage does now. '16. That the Applicant has stated that the Structure will be built to match existing siding (HardiPlank) and roofmg (GAF Weather-Wood) of the existing residential dwelling and the color of the siding (HardiPlank Khaki) will blend in well with three":'tone colors of surrounding foliage to make the building unobtrusive. ' 17. That the Applicant has stated that the Structure will be able to house/store maintenance, tools, mowers, repair block, 'etc. that are now stored outside as the Applicant currently has no place to store these items. RESOLUTION #10-02-_ Page 2 of7 ,50