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on enactment shoreland (March 1974) that do not meet the requirements of this Chapter may be allowed as building sites without variances from lot size requirements provided; the use is permitted in the zoning district; all sanitary requirements of the City Code are complied with insofar as practical; and the minimum lot size and length of water frontage shall be not less than seventy percent (70%) of standard lot water frontage requirements; the lot has been in separate ownership from abutting lands since the original adoption of the City shoreland controls (March 27, 197 4). 2. A variance from setback requirements shall be obtained before any use or building permit is issued for a lot. In evaluating the variance, the Board of Adjustment (Varianee Board) shall consider, in addition to the requirements of Section 1016.20, public utilities available to the lot and shall deny the variance if adequate facilities cannot be provided. 5.2 The original plat, Garcelons Addition to Saint Paul was recorded with Ramsey County on June 9,1888, which subdivision created lots 50 feet in width and 126 feet in depth. Since that date, a number of the 50 foot wide lots or pOliions thereof have been combined with adjacent lots. 5.3 On July 13, 1978, Joann & Allen Mattson received approval for a division oflot, which in essence, combined the north 28 feet of Lot 10 to Lot 9, creating a parcel 78 feet in width, 126 feet in depth, and being 9,828 sq. ft in size. 5.4 Notwithstanding the variance approval of 1998, this parcel, although achieving 70% compliance with 1016.22, the 9,828 sq. ft. area does not attain the 70% compliance (65.5%), nor does the proposed structure meet 70% of the required 75 foot (52.5 feet required) shoreland setback (36 feet proposed). Given the language in the Code, it is difficult for the City Planner to conclude (interpret) conformity with Section 1016.24. Hence, the City Planner has determined that it is prudent, and in the best interest of the City and applicant/property owner, to proceed through and reeeive all applicable variances, so that issues regarding non-conformity do not arise in the future. 5.5 Section 1004.016 (Residential Dimensional Requirements Front & Side Yard Setbacks) requires this property to have a minimum front yard setback of 30 feet. The proposal indicates a front yard setback of21 feet (an encroachment of9 feet), similar to that of adjacent homes on the street. Section 1004.016 also requires a side yard setback of either 5 feet or 10 feet depending on the age of the platted lot. Because of the lot combination in 1998, staff required the "new parcel" to have 10 foot side yard setbacks. The proposal indicates a 7 foot side yard setback on the south (a 3 foot encroachment) and a 5 foot side yard setback on the north (a 5 foot encroachment). PF3624_RVBA_030205.doc- Page 3 of8