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7. That the Subject Property was platted in 1948, has a lot width of 100 feet, is .8 acres in size, and has not been in separate ownership from abutting lands (Lot 31) since__ 8. That the Applicant 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. 11. 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 9.21.07 (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 if granted, the variance will/will not allow any use which is neither a permitted nor a conditional use in the land use district in which the Subject Property is located. 16. That the Applicant has stated that strict enforcement of Section 9.21.07 of the Ramsey City Code will result in unnecessary hardship. 17. That if granted, the variance is/is not contrary to the purpose and intent of Section 9.21.07 of the Ramsey City Code. 18. That if granted, the variance will/will not alter the essential character of the area. 19. That if granted, the variance will/will not adversely impact the degree of public health, safety and general welfare provided for in the Ramsey City Code