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was created in 1942 according to the city 's records . The need for the variances is that certain ordinances were adopted after the construction of the house. The current house and driveway both encroach on the creek. In addition , Stubbs Bay Creeks cuts across the south side of the property and the setbacks adopted by the City relative to the creek handicap the property owner. The applicant feels the extent of the variances and the size and orientation of the house are reasonable. The current house is 67 years old and has been abandoned for approximately the last two years. The house in its current state is a detriment to the neighborhood and a new house would be a benefit and a definite improvement. Steiner stated to his knowledge the twenty or so letters received from the neighbors do not express any opposition and shows that this project is a benefit to the neighborhood. If the Huthwaites are not allowed to construct a reasonable home on the property, they will not be purchasing the property, and given the state of the real estate market, it is likely this property will remain unsold for a number of years . There currently is erosion and trees that are being undermined by the erosion , which will cause an issue in a couple of years . The applicants propose to improve that area, which will improve the water quality and make the area safer. Steiner stated he has been told the reorientation of the house will also help make access to the lot safer. The Huthwaites are proposing to reduce the hardcover in the area near the creek, which is also an improvement The plan has been very well thought out and is a significant benefit to the City. Rick Hendel , Builder, stated this is a difficult lot to work with and that they have attempted to design a house that would fit well on the lot and still be attractive . The driveway is proposed to be located on the #09-3428 MICHAEL AND MARILYN HUTHW AITE, CONTINUED north end to stay out of the 75-foot setback and off of Bayside. The creek is not listed on the City's wetland inventory or the Minnehaha Watershed District 's wetland inventory, so they were not aware of that issue initially. The grading is designed to capture as much water and runoff as possible and away from the creek. The hardcover has been reduced in the 0-75 foot zone . The overall size of the house is less than what the Huthwaites had initially desired and located away from the neighbors as much as possible . They also are proposing to clean up the area near the creek and stabilize the slope. Kang asked whether Hendel is recommending the construction of the bridge. Hendel indicated the bridge is to provide a safe access point to the south portion of the lot. Huthwaite stated the creek cuts off the bottom right-hand side of the lot and that the bridge will give them access to that portion of the property without having to go on the roadway. Rice asked whether there was any attempt to comply with the setbacks in that area. Hendel stated they did attempt to orient the house and garage in a way to reduce the setbacks as much as possible , and that if they complied with the setbacks, they would only be allowed a one-car garage. Huthwaite stated they currently reside in Memphis and that they would like to move back to the Twin Cities. They have looked at a number of lots and feel this is a nice lot that they can construct a retirement home on . The proposed house is not a mansion but a reasonably sized home. A tremendous amount of time and money has been spent attempting to alleviate the problems with the creek as it relates to erosion and flooding.