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That the Subject Property was platted in 1948, has a lot width range of 80 to 100 feet, is .8 acres in size, and has not been in separate ownership from abutting lands for approximately 45 years. That the Applicant purchased Lots 30 and 3t in 1994, is proposing to sell his existing home on Lot 31 and build a new home for himself on Lot 30; and to do so requires a variance to the lot width and area requirements. That the Applicant is also requesting a 94 foot variance to the 200 foot ordinary high water mark setback requirement in order that the home developed on the Subject Property will be on a sight line similar to that of the homes on Lots 29 and 31. 10. That Section 9.21.07 (Critical River Overlay District Development Standards) does not provide for an adjusted structure setback from the river when the adjacent lots have non- conforming existing structures on them. tt. That Section 9.23.11 (Scenic River Administration) states that when a setback pattern from the ordinary high water level already has been established on both sides of a proposed building site, the setback of the proposed structure may be allowed to conform to that pattern. 12. That when a property is subject to more than one standard, generally the more restrictive shall apply. Therefore, Section 9.21.07 (Critical River Overlay District Development Standards) would not provide for an adjusted structure setback from the river based on the setback of adjacent structures. 13. That County records indicate that there are currently six (6) cases of duo-ownership lots (riparian and non-riparian) along Bowers Drive that do not meet the area and width requirements of Section 9.21.07. 14. That Section 9.2t.07 (Critical River Overlay District Development Standards) restricts building height to 35 feet; the Applicant has stated that the proposed dwelling will not exceed 28 feet in height. 15. That the Applicant has stated that strict enforcement of Section 9.21.07 of the Ramsey City Code will result in unnecessary hardship as several homes were allowed to be developed on substandard lots at reduced river setbacks in Mississippi Acres since the adoption of the Critical River regulations in 1985 just because the respective lots were in separate ownership from adjacent lots, and if he were required to build his house 200 feet from the ordinary high water mark, his house would be the only one in the neighborhood required to do so to date. 16. That Mary Nosh of 14500 Bowers Drive N.W. was present at the public hearing as one of 6 owners of double lots on Bowers Drive and stated that they are paying a tax rate on the vacant lot indicative of a buildable lot and is opposed to enforcing a 200 foot river setback on the few remaining vacant lots.