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�. t <br /> � ^✓/� . <br /> Highmark _ <br /> Builders Inc. <br /> cut off by the utility easement we can not meet the 25% coverage in the 75' to <br /> 250' zone. If the easement was not located where it is there would be no need <br /> for a hardcover variance. <br /> With the conditions caused by the easement our new design is encroaching on <br /> the average setback line at one foundation corner by approximately 2' and the <br /> stairway for the deck by 4' to 5'. Once the setback line can be established <br /> based on final completion of the adjacent home at 4209 North Shore Drive <br /> and a final survey done, we will be able minimize or eliminate the <br /> encroachment into the setback. <br /> Due to the unique circumstances associated with this lot we feel we have <br /> made every attempt to design a structure that falls within official controls and <br /> can not accomplish this in reasonable manor. <br /> 2. "The plight of the landowner is due to circumstances unique to the property <br /> not created by the landowner" <br /> The current conditions are specifically unique to this property in that the <br /> location of the utility easement in relation to the required hardcover zones <br /> causes the home to be placed closer to the lake. Second the existing lot is <br /> 54.78' wide at the lakeshore and approximately 83' wide at the street. This is <br /> � an existing condition created by the original plat not by the landowner. The <br /> associated lot area is an existing condition created by the original plat not by - <br /> the landowner. <br /> The utility easement is a unique feature but not uncommon. What is unique <br /> about the easement is its' location on the lot. If the easement was located <br /> either north or south of its current location there would be no need for a <br /> variance.The easement blocks off the ability to use the lot within the official <br /> controls and was not created by the owner. <br /> The average lake shore set back has been affected by the location of the two <br /> adjacent new homes. Their Iocations create a set back line that when applied <br /> with the utility easement creates an area that is only 4,317 sf for a building <br /> pad. This condition was not created by the land owner. <br /> 3. "The variance, if granted,will not alter the essential character of the locality" <br /> ���a za3e3es4 12245 Nicollet Avenue South, Burnsville, MN 55337 Office: 952.882.8904 Fax: 952.736.7545 www.highmark-builders.com <br />