Resolution - #97-08-188 - 08/05/1997

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7. That the Subject Property was platted in 1948, has a lot width of 80 feet, is 1.07 acres in size, and has not been in separate ownership from abutting lands (Lot 16) since 1978. That the Applicant, the owner of the abutting land, purchased the Subject Property in 1978 and is proposing to sell the property as a buildable lot and to do so, requires a variance to the lot width and lot area requirements. That the Applicant is also requesting a 85 'foot variance to the 200 foot ordinary high water mark setback requirement in order that the home developed on the Subject Property will be on a sight line similar to that of the home on Lot 16; Lot 14 is vacant. 10. That Section 9.21.07 (Critical River Overlay District Development Standards) does not provide for an adjusted structure setback from the river when the adjacent lots have non- conforming existing structures on them. 11. That Section 9.23.11 (Scenic River Administration) states that when a setback pattern from the ordinary high water level already has been established on both sides of a proposed building site, the setback of the proposed structure may be allowed to conform to that pattern. 12. That Section 9.21.04 (Shoreland Overlay District Development Standards) states that an undeveloped shoreland lot that has two adjacent lots with existing principal structures on both such adjacent lots, any new residential structure may be set back the average setback of the adjacent structures from the ordinary high water mark or 50 feet, whichever is greater, provided all other provisions of the shoreland overlay district are complied with. 13. That when a property is subject to more than one standard, generally the more restrictive shall apply. Therefore, Section 9.21.07 (Critical River Overlay District Development Standards) would not provide for an adjusted structure setback from the river based on the setback of adjacent structures. 14. That City records indicate that there are currently eight (8) cases of duo-ownership lots (riparian and non-riparian) along Bowers Drive that do not meet the area and width requirements of Section 9.21.07. 15. That since 1985, four (4) homes have been built on riparian lots along Bowers Drive that do not meet the width and area requirements of Section 9.21.07, three (3) of which were held in separate ownership from abutting parcels and the fourth case was a duo-ownership and the abutting parcel is still vacant. 16. That all four of the aforementioned homes built since 1985 were built 100'-150' from the ordinary high water mark; one was granted a formal variance in 1989 and it appears that the other three were approved for site location administratively based on setbacks of adjacent structures.