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9. That Marianne and Stephen Nash (the "Property Owner") originally acquired both the <br />Subject Property and Lot 26, Bowers Mississippi Acres (hereinafter referred to as "Lot 26") <br />in 1989. <br />10. That Lot 26 was recently foreclosed on and subsequently, it was discovered that portions of <br />both the home and deck on the Subject Property partially encroach onto Lot 26. <br />11. That to resolve these encroachments, the current owner of Lot 26 is proposing an <br />Administrative Subdivision to realign the common boundary between the Subject Property <br />and Lot 26 to eliminate the structural encroachments. <br />12. That to minimize the expansion of the non -conforming lot size of Lot 26, the proposed <br />realigned lot line will be approximately seven (7) feet from the nearest part of the deck. <br />13. That Section 117-148 (Critical River Overlay District Development Standards) requires a <br />minimum setback of ten (10) feet. <br />14. That there is also an asphalt driveway `turn -around' affiliated with the Subject Property that <br />encroaches onto Lot 26 that will need to be removed such that the driveway meets the <br />minimum required setback of five (5) feet from the common lot line between the Subject <br />Property and Lot 26. <br />15. That economic circumstances alone do not create the practical difficulties. <br />16. That the plight is not due to circumstances unique to the Subject Property. <br />17. That the plight was not created by the Applicant. <br />18. That, if granted, the variance will not alter the locality's essential character. <br />19. That, if granted, the variance will not impair an adequate supply of light and air to adjacent <br />property. <br />20. That, if granted, the variance will not have the effect of allowing a use that is prohibited in <br />the applicable zoning district. <br />21. That, if granted, the variance will not unreasonably increase the congestion on the public <br />street. <br />22. That, if granted, the variance will not adversely impact the degree of public health, safety <br />and general welfare provided for in the Ramsey City Code. <br />23. That, if granted, the variance will not diminish established property values within the <br />neighborhood. <br />24. That, if granted, the variance requested is the minimum variance necessary to accomplish the <br />intended purpose of the Applicant. <br />RESOLUTION #16-01-007 <br />Page 2 of 3 <br />