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<br />Board Member <br /> <br />introduced the following resolution and moved for its adoption: <br /> <br />RESOLUTION #08-05-_ <br /> <br />A RESOLUTION ADOPTING FINDINGS OF FACT # RELATING TO A <br />REQUEST FOR AN APPEAL FROM CITY STAFF'S DECISION WITH REGARD TO <br />PERMITTED USES IN EASEMENTS <br /> <br />WHEREAS, Nicole and Darren Tillman, hereinafter referred to as "Applicant", has <br />appealed to the Board of Appeals in order to locate a deck cantilever within a drainage and utility <br />easement located at 14420 Iodine Street N.W. (the "Subject Property") <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF APEEALS OF <br />THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: <br /> <br />1. That the applicant submitted a building permit for a deck addition to their home on April <br />25, 2008. <br /> <br />2. That the Ramsey Planning Division received the permit, and discovered that the proposed <br />deck's cantilever would encroach 16 inches into a 10- foot drainage and utility easement <br />that contains a storm water management pipe under it. <br /> <br />3. That the proposed deck is designed to accommodate a deck, with deGk board and the <br />patio doors located on the side of the home <br /> <br />4. That the Ramsey Planning Division informed the contractor, and offered to discuss this <br />issue at the City Staff Development Review meeting. <br /> <br />5. That, upon discussion, the City Staff collectively determined that allowing <br />encroachments into easements was not acceptable due to the primary purpose for such an <br />easement being for drainage and utility installation and maintenance. <br /> <br />6. That, on May 2ih, the applicant submitted a request for appeal, in a letter format to be <br />heard by the Board of Appeals (City Council). <br /> <br />7. That drainage and utility easements are dedicated to the public for drainage and utility <br />purposes only. <br /> <br />.8. That all uses contrary to the stated purpose of an easement are subject to removal or <br />demolition in order to perform work inside that easement. .... <br /> <br />9. The stormwater pipe constructed within this easement is 30 inches in diameter, and 13 <br />feet deep, which generally requires at least 26 feet of easement to access the pipe. <br /> <br />10. ... <br /> <br />11.... <br /> <br />-19- <br />