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10. <br /> <br />11. <br /> <br />12. <br /> <br />13. <br /> <br />14. <br /> <br />That Lot 5 and 6 were platted in 1948, have a lot width of 100 feet, are .55 and .67 acres in <br />size, and are both owned by the Applicant. <br /> <br />That the existing principal structure is located on Lot 5, however a small portion of the house <br />extends onto Lot 6. <br /> <br />That according to Anoka County, Lot 5 and 6 are under one Parcel Identification Number <br />(PIN) for taxing purposes. In order for Lot 6 to be eligible for a building permit the Applicant <br />must request reassignment of two (2) PIN's for the two lots. <br /> <br />That the Applicants are proposing to demolish the existing house, construct a new house on <br />Lot 5 and Lot 6. <br /> <br />That the Applicants must obtain a variance to the lot width and lot area requirements for Lot <br />6 and a variance to the Ordinary High Watermark setback for Lot 5 & 6 in order for new <br />construction to commence on the Subject Properties. <br /> <br />That the Applicants are also requesting a 61.3 foot variance to the 200 foot ordinary high <br />water mark setback on Lot 5 and 6 to allow for the construction of a new home on each lot. <br />The Applicant has stated that the location of the new houses is consistent with the location of <br />the adjacent houses. <br /> <br />That City records indicate that there are currently eight (8) cases of duo-ownership lots <br />(riparian and non-riparian) along Bowers Drive that do not meet the area and width <br />requirements of Section 9.21.07. <br /> <br />That the Applicants desire to locate the house pads according to the provided Site Plan for the <br />following reasons: <br /> <br />a) places structure at maximum elevation and provides walkout lots; <br />b) maintains existing structure setback and conforms to adjacent setbacks <br />c) provides primary and alternate septic and drainfield locations; <br />d) maintains established character of neighborhood; <br /> <br />15. <br /> <br />16. <br /> <br />17. <br /> <br />That if granted, the variance will not allow any use which is neither a permitted nor a <br />conditional use in the land use district in which the Subject Property is located. <br /> <br />That similar variances have been granted in the Critical River Overlay District. <br /> <br />That there are exceptional circumstances unique to the Subject Property which were not <br />created by the Applicant: a) Lot 6 was a saleable, buildable lot when the lot was created in <br />1948; and b) the amendment to the critical river rules in 1985 regarding duo-ownership <br /> <br />Resolution #04-08-199 <br />Page 2 of 4 <br /> <br /> <br />