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<br />a) such use is permitted in the zoning district <br />b) the lot is in separate ownership from abutting lands, and <br />c) all other sanitary and dimensional requirements of9.21 Environmental <br />Protection are complied with insofar as practical." <br /> <br />7. That the Subject Property was platted in 1948, has a lot width of 80 feet, is 1.07 acres <br />in size, and has not been in separate ownership from abutting lands (Lot 16) since <br />1978. <br /> <br />8. That the Applicant, the owner of the abutting land, purchased the Subject Property in <br />1978 and is proposing to sell the property as a buildable lot and to do so, requires a <br />variance to the lot width and lot area requirements. <br /> <br />9. That the Applicant is also requesting a 100 foot variance to the 200 foot ordinary high <br />water mark setback requirement in order that the home developed on the Subject <br />Property will be on a sight line similar to that of the home on Lot 16; Lot 14 is vacant. <br /> <br />10. That Section 9.21.07 (Critical River Overlay District Development Standards) does <br />not provide for an adjusted structure setback from the river when the adjacent lots <br />have non-conforming existing structures on them. <br /> <br />11. That Section 9.23.11 (Scenic River Administration) states that when a setback pattern <br />from the ordinary high water level already has been established on both sides of a <br />proposed building site, the setback of the proposed structure may be allowed to <br />conform to that pattern. <br /> <br />12. That Section 9.21.04 (Shoreland Overlay District Development Standards) states that <br />an undeveloped shoreland lot that has two adjacent lots with existing principal <br />structures on both such adjacent lots, any new residential structure may be set back <br />the average setback of the adjacent structures from the ordinary high water mark or 50 <br />feet, whichever is greater, provided all other provisions of the shoreland. overlay <br />district are complied with. <br /> <br />13. That when a property is subject to more than one standard, generally the more <br />restrictive shall apply. Therefore, Section 9.21.07 (Critical River Overlay District <br />Development Standards) would not provide for an adjusted structure setback from the <br />river based on the setback of adjacent structures. <br /> <br />14. That City records indicate that there are currently eight (8) cases of duo-ownership <br />lots (riparian and non-riparian) along Bowers Drive that do not meet the area and <br />width requirements of Section 9.21.07. <br /> <br />15. That since 1985, four (4) homes have been built on riparian lots along Bowers Drive <br />that do not meet the width and area requirements of Section 9.21.07, three (3) of <br /> <br />~o <br />