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2.4 Section 1004.02D5 (Dwelling Dimensions and Appearances and Height, Frontage, Yard and Lot Area Requirements in R-l Districts) requires a front yard setback of30 feet for the Mickelson property adjacent to Lexington Avenue. Because of the concerns expressed by the Department of Natural Resources (DNR) the proposed accessory structure has been placed on the eastern property line, thus requiring a variance. Code 70% Existing Proposed Variance Requirement Requirement Condition Condition Condition Lot Width at Shoreline 100 feet 70 feet 20 feet Same 80 feet Lot Area 15,000 sq. ft. 10,5000 sq. ft. 12,567 sq. ft. Same None Impervious Coverafe 25% NA 23% 29.3% Additional 4.3% Shoreland Setback 75 feet NA 83 feet (shed) 67 feet 8 feet Front Yard Setback 30 feet NA Zero (east) Zero (east) 30 feet 2.5 The Mickelson parcel lies adjacent to the Lexington Avenue right-of-way. However, this right of way is actually two separate rights-of-way. The first, adjacent to the Mickelson parcel, was part the original right-of-way and is currently 33 feet wide. The second right- of-way is in excess of 150 feet wide (at the Mickelson property) and was acquired a number of years ago by Ramsey County for the purpose of relocating and reconstructing Lexington Avenue. 2.6 Initially the City requested Mr. Mickelson contact Ramsey County about the possibility of vacating the 33 foot wide right-of-way that lies from Josephine Road to Ramsey County's Josephine Park property line. However, the Ramsey County Park & Recreation Department indicated they were not interested in vacating the property given its current use as a recreational area adjoining Lake Josephine County Park. 3.0 STAFF COMMENT 3.1 Variances may be granted where the strict enforcement of the literal provisions of the ordinance would cause "undue hardship". The granting of a variance shall only occur when it can be demonstrated that such an action will be in keeping with the spirit and intent of the ordinance. 3.2 "Undue hardship" as used in connection with the granting a variance means the property in question cannot be put to a reasonable use ifused under conditions allowed by the official controls, the plight of the land owner is due to circumstances unique to the property not created by the land owner, and the variance, if granted, will not alter the essential character of the locality. PF323255 - RCA (092500) Page 2 of 4