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• <br />6. That the Subject Property was platted in 1948, has a lot width range of 80 to 100 feet, is .8 <br />acres in size, and is in separate ownership from abutting lands. <br />7. That the Applicant is requesting a 94 foot variance to the 200 foot ordinary high water mark <br />setback requirement in order that the home developed on the Subject Property will be on a <br />sight line similar to that of the homes on Lots 29 and 31. <br />8. That Section 9.21.07 (Critical River Overlay District Development Standards) does not <br />provide for an adjusted structure setback from the river when the adjacent lots have non- <br />conforming existing structures on them. <br />9. That Section 9.23.11 (Scenic River Administration) states that when a setback pattern from <br />the ordinary high water level already has been established on both sides of a proposed <br />building site, the setback of the proposed structure may be allowed to conform to that pattern. <br />10. That when a property is subject to more than one standard, generally the more restrictive <br />shall apply. Therefore, Section 9.21.07 (Critical River Overlay District Development <br />Standards), which does not provide for an adjusted structure setback from the river based on <br />the setback of adjacent structures, is the most restrictive and is applicable to the Subject <br />Property. <br />• 11. That the Applicant has stated that strict enforcement of Section 9.21.07 of the Ramsey City <br />Code will result in unnecessary hardship as several homes were allowed to be developed at <br />reduced river setbacks in Mississippi Acres since the adoption of the Critical River <br />regulations in 1985. <br />12. That if granted, the variance will /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 />13. That if granted, the variance is /is not contrary to the purpose and intent of Section 9.21.07 of <br />the Ramsey City Code. <br />14. That if granted, the variance will /will not alter the essential character of the area. <br />15. 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 />16. That if granted, the variance will /will not unreasonably increase the congestion in the public <br />street. <br />17. That if granted, the variance will /will not unreasonably diminish established property values <br />within the neighborhood. <br />Resolution #00 -09 -226 <br />Page 2 of 3 <br />