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8. That the Site Plan submitted as part of the Building Permit application indicated the <br />swimming pool would be located at least forty (40) feet from the side lot line of the Subject <br />Property. <br />9. That the adjacent property, 14235 Bowers Dr. NW was recently sold and as part of the title <br />work for that transaction, it was discovered that the swimming pool encroached onto the <br />adjacent property by almost ten (10) feet. <br />10. That to resolve this encroachment, the title company representing the owners of the <br />swimming pool are proposing an Administrative Subdivision to realign the common <br />boundary between the Subject Property and 14235 Bowers Dr. NW to eliminate the <br />encroachment. <br />11. That to minimize the enlargement of the non -conforming lot size, the proposed realigned lot <br />line is just beyond the existing fence that encloses the swimming pool, resulting in a setback <br />of approximately six (6) feet from the side lot line. <br />12. That Travis and Bridgette Richard are the fee title owners of the Subject Property. <br />13. That the encroachment of the swimming pool was not the result of actions of either the <br />current or most recent former fee title owner of the Subject Property. <br />14. That economic circumstances alone do not create the practical difficulties. <br />15. That the plight is due to circumstances unique to the Subject Property. <br />16. That the plight was not created by the Applicant. <br />17. That, if granted, the variance will not alter the locality's essential character. <br />18. That, if granted, the variance will/will not impair an adequate supply of light and air to <br />adjacent property. <br />19. That, if granted, the variance will/will not have the effect of allowing a use that is prohibited <br />in the applicable zoning district. <br />20. That, if granted, the variance will/will not unreasonably increase the congestion on the public <br />street. <br />21. That, if granted, the variance will/will not adversely impact the degree of public health, safety <br />and general welfare provided for in the Ramsey City Code. <br />22. That, if granted, the variance will/will not diminish established property values within the <br />neighborhood. <br />RESOLUTION #15-03-065 <br />Page 2 of 3 <br />