Resolution - #08-07-118 - 07/08/2008

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... Chairperson VanScoy introduced the following resolution and moved for its adoption: RESOLUTION #08-07-118 RESOLUTION ADOPTING FINDINGS OF FACT #0828 RELATING TO A REQUEST FOR A VARIANCE TO CONSTRUCT AN ACCESSORY STRUCTURE CLOSER TO THE FRONT PROPERTY LINE THAN THE PRINCIPAL STRUCTURE WHEREAS, John Ives, hereinafter referred to as "Applicant," has properly applied for a variance from Section 9.11.02 of the Ramsey City Code to construct an accessory structure closer to the front property line than the principal structure on the property generally known as 14630 Bowers Drive NW and legally described as follows: Bowers Mississippi Acres Lot 15, Bowers Mississippi Acres reserving easement over rear 10 ft for public utility, Anoka County, Minnesota ("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. That the Board of Adjustment conducted a public hearing pursuant to Section 9.03.05 of the Ramsey City Code on July 10, 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 Subject Property is zoned R-1 Single Family, is located within the Metropolitan Urban Service Area, the Mississippi River Critical Area Overlay District, and is approximately 0.85 acres in size. 3. That the Subject Property is surrounded by properties zoned R-1 Single Family zoning. 4. That Section 9.11; 02 of the Ramsey City Code does not permit the construction of accessory structures closer to the front property line than the principal structure. 5. That Section 9.21 of City Code establishes a structure setback of 200 feet from the Ordinary High Water Mark (OHW) of the Mississippi River. 6. That the principal structure on the Subject Property is approximately 138 feet from the property line and 140 feet from the OHW. 7. That in 1997, the City of Ramsey Board of Adjustment granted a variance to the setback from the OHW to facilitate development of the Subject Property and one of the terms of the variance prohibits construction of any additional structures or additions (with the exception of open decks) into the reduced river setback area. 8. That the Applicant is proposing to construct an accessory building that will be approximately 43 feet from the property line, which conflicts with 9.11.02 regarding placement of accessory structures nearer the front property line than the principal building; however, the accessory structure will be 255 feet from the OHW which complies with applicable setbacks for the