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1. That Mr. Richard Carson, hereinafter referred to as 'Applicant', has <br />properly applied for a Board of Adjustment variance from the side yard setback. <br /> <br />2. That the Appli~ appeared before the Board of Adjustment for a public <br />hearing pursuant to Section 170.013G of the City Code on Oanuary 27, 1987 and <br />that said public hearing was properly advertised and that the minutes of said <br />public hearing are hereby incorporated as a part of these findings by <br />reference. <br /> <br />3. That the subject property is generally known as 14129 ~arium Street N.W. <br /> and is legally described as follows: <br /> <br />LOt '11, Block 1, Flintwood Hills Secom] Addition <br />Anoka Comity, Minnesota <br /> <br />4. That the subject property is located in the R1-U Residential District and <br />is approximately 8,900 square feet in size. <br /> <br />5. That the Applicant is requesting a variance from side yard setback required <br />in Section 170.016B of the City Code. <br /> <br />6. That Section 170.016B of the City Code specifies that the m~nim~ side yard <br />is ten (10) feet. <br /> <br />7. That the Applicant is requesting a variance for an encroachment of <br />approximately 2.2 feet on the side yard setback; the remaining side yard is <br />approximately 7.8 feet. <br /> <br />8. Due to an error in staking, a building permit was approved and issued and a <br />house was constructed on the site. The encroachment on the required side yard <br />was discovered at the time of closing. <br /> <br />9. That the Applicant has stated that there are exceptional conditions <br />applying to this property that do not apply generally to other properties in <br />the district, specifically an error in staking the property at the time prior <br />to oonstruction. <br /> <br />10. That the Applicant has stated that such variance is necessary for the <br />preservati(~ and enjoyment of substantial property rights similar to those <br />possessed by other properties in the R1-U District. <br /> <br />11. That if the variance is granted, the variance will not allow the Applicant <br />any special privilege that is denied to other owners of lands in the R1-U <br />District. <br /> <br />12. That the Applicant is requesting the minimum variance in order to <br />alleviate the hardship. <br /> <br /> <br />