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Board Member Bawden introduced the following resolution and moved for its adoption: RESOLUTION #97-08-189 A RESOLUTION DECLARING TERMS OF VARIANCE TO THE MINIMUM LOT WIDTH, LOT AREA, AND ORDINARY mGH WATER SETBACK IN THE CRITICAL RIVER OVERLAY DISTRICT. WHEREAS, on August 5, 1997, the Ramsey Board of Adjustment issued a variance from Section 9. 21. 07 of the Ramsey City Code to permit the construction of a dwelling unit on the property legally described as follows: Lot 15, Bowers Mississippi Acres, Anoka County, Minnesota (the "Subject Property") NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: 1. Based on Findings of Fact #0437, a variance to lot width, lot area, and structure setback from ordinary high water mark is hereby granted in order to construct a dwelling on the Subject Property, in accordance with the September 9, 1997 Department of Natural Resources Certi:tj.cation with Conditions (attached hereto as Exhibit A) and the May 26, 1998 Department of Natural Resources Modifications to Conditions of Certification (attached hereto as Exhibit B). 2. The dwelling constructed on the Subject Property shall not be located. any closer than one hundred twenty feet (120 feet) from the ordinary high water mark of the Mississippi River. 3. The. dwelling constructed on the Subj ect Property shall not exceed 35 feet in height. 4. That no other structures or additions shall be constructed in the reduced river setback, except that there shall be an exception to the structure setback that shall allow encroachment of an open deck up to ten (10) feet into the setback area. 5. The bluff protection area (an area 40 feet landward of the bluffline) shall be restored by planting native vegetation or allowing native vegetation to reestablish itself to provide a vegetative screen for the preservation of views from the river and opposite shore. A path of up to six (6) feet in width through the bluff protection area shall be allowed to provide access to the river. The bluff protection area, once restored, shall be left in a natural state. 6. That the property owner shall be responsible for all City costs incurred in administering and enforcing this variance. The motion for the adoption of the foregoing resolution was duly seconded by Board Member LaDue and upon vote being taken thereon, the following voted in favor thereof: 14