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10. 11. 12. 13. 14. 15. 16. 17. 18. 19. That the historical records at the City reflect that a building permit was erroneously issued to a previous property owner in 1986 for Garage B without benefit of a variance to construct the building closer to the front property line than the principal structure. That at the time of construction, Garage B was located approximately 41.5 feet from the comer side yard. That in 1999, an additional 27 feet of the Subject Property was deeded to Anoka County for improvements to County Road #83 (aka Baugh Street), which resulted in Garage B being located approximately 14.5 feet from the new property line. That the erroneous building permit issued in 1986 and the dedication of additional fight-of- way for improvements to County Road #83 have resulted in a determination by City Staff that Garage B is non-conforming structure. That the Applicant is seeking a variance, for the record, to establish the right to be able to reconstruct or repair Garage B in its present location in the event it is ever damaged to more than 50% of its fair market value. That there are special conditions applying to the Subject Property that do not generally apply to other properties in the district; namely that there was an erroneous building permit issued in 1986 to a previous property owner and that the loss of side yard was necessary for a County public improvement project that benefits the community. That the special conditions do not result from the actions of the Applicants. That the variance requested is the minimum variance which would alleviate the hardship. That if granted, the variance will/will not permit a use that is prohibited in the R-1 Rural Residential District. That if granted, the variance will/will not impair an adequate supply of light and air to adjacent property. That if granted, the variance will/will not unreasOnably increase the congestion in the public street. That if granted, the variance will/will not increase the danger of fire or endanger the public safety. That if granted, the variance will/will not unreasonably diminish property values in the neighborhood. 20. That if granted, the variance will/will not violate the intent of the Comprehensive Plan. RESOLUTION #98-06-108 Page 2 of 3