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<br />Attachment E <br /> <br />introduced the following resolution and moved for its adoption: <br /> <br />Board Member <br /> <br />RESOLUTION #09-09- <br /> <br />RESOLUTION ADOPTING FINDINGS OF FACT #_ RELATING TO A REQUEST <br />FROM DIANE AND TERRY GELDAKER FOR A VARIANCE TO CONSTRUCT AN <br />OPEN DECK THAT ENCROACHES ON THE RIVER SETBACK. <br /> <br />WHEREAS, Diane and Terry Geldaker, hereinafter referred to as "Applicants," have <br />properly applied for a variance from Section 9.21.07 (Critical River Overlay District <br />Development Standards) of the Ramsey City Code to construct an open deck within the <br />established river setback on the property generally known as 14750 Bowers Drive NW and <br />legally described as follows: ' <br /> <br />Lot 5 Bowers Mississippi Acres, subject to easement of record, Anoka Gounty, <br />Minnesota <br /> <br />(the "Subject Property"). <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE <br />CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: <br /> <br />1. That 'the Applicants appeared before'the Board of Adjustment for a public hearing pursuant <br />to Section 9.03.07 of the Ramsey City Code on September 3, 2009, and that said public <br />hearing was properly advertised, and that the minutes of said public hearing are hereby <br />incorporated as a part of these findings by reference. <br /> <br />2. That the Subject Property is zoned R-l MUSA and is approximately 0.62 acres in size. <br /> <br />3. That the Subject Property is surrounded by properties also zoned R-l MUSA. <br /> <br />4. That the Subject Property is located within the Critical River Area and the Rural Service <br />Area as defined in MN Rules. <br /> <br />5. That Section 9.21.07 (Critical River Overlay District Development Standards) of City Code <br />establishes a structure setback of200 feet from the Ordinary High Water Mark (OHWM) of <br />the Mississippi River or thirty-five (35) feet from the bluffline, whichever is greater. <br /> <br />6. That the principal structure on the Subject Property is located approximately 138 feet from <br />the bluff line. <br /> <br />7. That according to the Certificate of Survey dated November 17, 2004, the principal <br />structure is located approximately 151 feet from the OHWM of the Mississippi River. <br /> <br />10 <br />