Resolution - #08-02-038 - 02/12/2008

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Mayor Gamec introduced the following resolution and moved for its adoption: RESOLUTION #08-02-038 A RESOLUTION ADOPTING FINDINGS OF FACT #0821 RELATING TO A REQUEST FOR A VARIANCE TO THE PLATTING REQUIREMENTS IN CITY CODE TO ALLOW A METES AND BOUNDS SUBDIVISION WHEREAS, Gerald J. Bauer and Heidi A. Bauer, hereinafter referred to as "Applicants", have properly applied for a variance to platting requirements established in Section 9.50 (Subdivision) of the Ramsey City Code in order to convey land by metes and bounds description to the Church of Saint Katharine Drexel ("Church"). NOW THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: 1. That the Applicants appeared before the City Council acting as the Board of Appeals for a public hearing on February 12, 2008, and that said public hearing was properly advertised and that the minutes of said public hearing are hereby incorporated as a part of these findings by reference. 2. That the Applicants have fee title to approximately 34.72 acres of land generally located at the northwest quadrant of the intersection of Variolite Street N.W. and 161 st Avenue N.W., legally described as follows: The Southeast Quarter of the Northwest Quarter of Section 16, Township 32, Range 25, Anoka County, Minnesota except the west 185.0 feet thereof and except roads subject to easements of record. (the "Subject Property") 3. That the Applicants are proposing to subdivide the Subject Property into a 25 acre and a 9.72 acre parcel for conveyance to the Church in two tax reporting years: 25 acres in 2007 and 9.72 acres in 2008. 4. That the Church has indicated an intention to develop the Subject Property with a new church facility. 5. That Section 9.50.06 of City Code (Procedural Variances) establishes a process to grant a variance to platting requirements, when strict compliance with these requirements may cause a practical difficulty or undue hardship, provided the variance does not affect the spirit and intent of the Section. 6. That the Applicants have stated that platting the property in order to donate the land in two (2) taxing years creates a practical difficulty.