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That the historical records at the City reflect that a building permit was erroneously issued to <br />a previous property owner in 1986 for Garage B without benefit of a variance to construct the <br />building closer to the front property line than the principal structure. <br /> <br />8. That at the time of construction, Garage B was located approximately 41.5 feet from the <br /> corner side yard. <br /> <br />That in 1999, an additional 27 feet of the Subject Property was deeded to Anoka County for <br />improvements to County Road #83 (aka Baugh Street), which resulted in Garage B being <br />located approximately 14.5 feet from the new property line. <br /> <br />10. That the erroneous building permit issued in 1986 and the dedication of additional right-of- <br /> way for improvements to County Road #83 have resulted in a determination by City Staff <br /> that Garage B is non-conforming structure. <br /> <br />11. That the Applicant is seeking a variance, for the record, to establish the right to be able to <br /> reconstruct or repair Garage B in its present location in the event it is ever damaged to more <br /> than 50% of its fair market value. <br /> <br />12. That there are special conditions applying to the Subject Property that do not generally apply <br /> to other properties in the district; namely that there was an erroneous building permit issued <br /> in 1986 to a previous property owner and that the loss of side yard was necessary for a <br /> County public improvement project that benefits the community. <br /> <br />13. That the special conditions do not result from the actions of the Applicants. <br /> <br />14. That the variance requested is the minimum variance which would alleviate the hardship. <br /> <br />15. That if granted, the variance will not permit a use that is prohibited in the R-1 Rural <br /> Residential District. <br /> <br />16. That if granted, the variance will not impair an adequate supply of light and air to adjacent <br /> property. <br /> <br />17. That if granted, the variance will not unreasonably increase the congestion in the public <br /> street. <br /> <br />18. That if granted, the variance will not increase the danger of fire or endanger the public safety. <br /> <br />19. That if granted, the variance will not unreasonably diminish property values in the <br /> neighborhood. <br /> <br />20. That if granted, the variance will not violate the intent of the Comprehensive Plan. <br /> <br />RESOLUTION #99-05-073 <br /> Page 2 of 3 <br /> <br /> <br />