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structure on riparian lots provided that the detached accessory building complies with the <br />underlying front yard setback. <br />9. That the Scenic River Land Use District provisions were enacted in 1981. <br />10. That a variance was granted in 1987 to construct the principal structure on the Subject <br />Property no closer than 110 feet from the OHWM of the Rum River. <br />11. That when the Subject Property was originally improved, it was zoned R-1R Rural <br />Residential, which district did not specify a limit on the number of allowable driveways. <br />12. That the Applicants are proposing to construct a twenty-six foot by thirty-six foot (26' x 36') <br />detached accessory building on the Subject Property to provide additional storage space. <br />13. That the detached accessory building would be located approximately 130 feet from the <br />OHWM of the Rum River, which is a greater distance than the home sits from the OHWM. <br />14. That there is an elevation difference of about twenty (20) feet from the water surface to the <br />location of the new detached accessory building, which, along with the existing vegetation, <br />will make the detached accessory building rather inconspicuous from the water. <br />15. That there are currently two accesses to Juniper Ridge Drive from the Subject Property but, <br />due to the location of the septic system, the existing driveway(s) cannot be extended to the <br />new detached accessory building as required by City Code. <br />16. That the detached accessory building would comply with the standards in Section 117-349 <br />(Accessory Uses and Buildings) of City Code. <br />17. That only limited tree removal would be necessary to facilitate the construction of the <br />detached accessory building and it would be beyond the controlled vegetative cutting area <br />defined in City Code Section 117-256 (b). <br />18. That information pertaining to this request was forwarded to the MN Department of Natural <br />Resources (MN DNR). <br />19. That the proposed use (detached accessory building) is a permitted use in the R-1 Residential <br />(MUSA) zoning district. <br />20. That the plight is/is not due to circumstances unique to the Subject Property. <br />21. That the plight was/was not created by the Applicants. <br />22. That, if granted, the Variance will/will not alter the locality's essential character. <br />23. That, if granted, the Variance will/will not impair an adequate supply of light and air to <br />adjacent property. <br />RESOLUTION #14-10-206 <br />Page 2 of 3 <br />