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Attachment F Board Member introduced the following resolution and moved for its adoption: RESOLUTION #09-09- RESOLUTION APPROVING THE ISSUANCE OF A VARIANCE TO CONSTRUCT AN OPEN DECK WITHIN THE SETBACK FROM THE ORDINARY HIGH WATER MARK OF THE MISSISSIPPI RIVER AND DECLARING TERMS OF SAME WHEREAS, Diane and Terry Geldaker (Permittee) have properly applied for a variance' from Section 9.21.07 ofthe Ramsey City Code to construct an open deck within the established setback of the Ordinary High Water Mark of the Mississippi River on the property generally known as 14750 Bowers Drive NW and legally described as follows: Lot 5 Bowers Mississippi Acres, subject to easement of record, Anoka County, Minnesota (Subject Property). AND WHEREAS, the Board of Adjustment conducted a public hearing on September 3, 2009, pursuant to Section 9.03.07 of the Ramsey City Code. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: 1. That based on Findings of Fact # -,--' a variance to construct an open deck within the setback from the Ordinaty High Water Mark (OHWM) of the Mississippi River on the Subject Propeliy is hereby granted. 2. That the open deck constructed on the Subject Property shall be setback at least of 128 feet from the OHWM of the Mississippi River. 3. That the Permittee shall be responsible for all costs incurred in administering and enforcing this variance. 4. That the Permittee shall obtain all necessmy permits prior to commencing any construction of the open deck. 5. That this Variance shall automatically expire if the use is not initiated by September 3, 2010, and issuance of the building permit shall constitute initiation. " The motion for the adoption of the foregoing resolution was duly seconded by Board Member , and up Oil vote being taken thereon, the following voted in favor thereof: 13