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CASE # I PUBLIC HEARING REQUEST FOR A VARIANCE TO CONSTRUCT AN OPEN DECK THAT ENCROACHES ON THE SETBACK FROM THE ORDINARY HIGH. WATER MARK OF THE MISSISSIPPI RIVER AT 14750 BOWERS DR NW; . CASE OF DIANE AND TERRY GELDAKER By: Environmental Coordinator Chris Anderson Background: Section 9.21.07 (Critical River Overlay District) of the Ramsey City Code states that any structure within the Critical River Overlay District and the MN DNR designated Rural Service Area must be setback thirty-five (35) feet from the bluff line or 200 feet from the Ordinary High Water Mark (OHWM), whichever is greater. Mr. and Mrs. Geldaker have applied for a variance to construct an open deck within the OHWM setback on the property at 14750 Bowers Dr. NW. All variances to zoning dimensions within the Critical River Overlay District require certification by the MN DNR. Notification: In accordance with State Statute, Staff sent notification to property owners within 350 feet of the subject property of the request for a variance. Observations: The subject parcel is located on Bowers Dr along the Mississippi River, which is within the Critical River Overlay District. In 1985, the City adopted regulations for properties within the Critical River Overlay District, including a thirty-five (35) foot setback for structures from the bluff line or a 200 foot structure setback from the OHWM, whichever is greater. In 2004, a variance to lot width, lot area and structure setback 'from the OHWM was issued for the construction of the principal structure on the subject parcel. Two terms of that variance are applicable to this current request. First, ternl #5 of the 2004 variance granted a reduced structure setback from the OHWM of 138 feet. Secondly, term #8 of the 2004 variance stated, "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." The Geldakers, who purchased the house late in 2007, are proposing to construct an open deck on the river side of the home. The proposed deck is twenty (20) feet in length and fourteen (14) feet wide. The principal structure is approximately 138 feet from the bluff line. According to the Certificate of Survey dated November 17, 2004, the proposed home location was to be approximately 140 from the bluff line. It should be noted that there is evidence of bank erosion 1