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<br />occurring, which may account for the slight discrepancy between the actual setback and that <br />shown on the survey. If approved, the deck would be approximately 124 feet from the bluff line. <br /> <br />The principal structure on the property north of the subject parcel is approximately eighty (80) <br />feet from the OHWM and sixty-five (65) feet from the bluffline (distances are estimated using <br />available aerial photos). The adjacent property to the south ofthe subject parcel is vacant, but for <br />comparative purposes, the principal structure south of that lot is approximately 145 from the <br />bluff lineand 155 feet from the OHWM (again, distances are estimated using available aerial <br />photos). The proposed deck would not reduce the existing pattern of encroachment into the <br />setback from the OHWM. <br /> <br />The DNR was notified of this request and provided with the pertinent information for review. <br />After discussing the details of this request and the terms of the variance granted in 2004, the <br />DNR does not have any objections to this variance request. <br /> <br />Recommendation: <br /> <br />When reviewing the terms of the variance granted in 2004, it seems apparent the intent was to <br />include a provision to permit an open deck extending up to ten (10) feet into the reduced setback <br />area, as measured from the OHWM. The principal structure is approximately 138 from the bluff <br />line and, per the Certificate of Survey dated November 17,2004, approximately 151 feet from <br />the OHWM. The addition of a fourteen (14) foot wide deck does not appear to reduce the pattern <br />of encroachment already established on adjacent/nearby properties. Therefore, Staff is <br />recommending that the Board of Adjustment approve the variance to the river setback. Should <br />the Board of Adjustment approve the variance, Staff will forward it to the MN DNR for <br />consideration and certification. <br /> <br />Board Action: <br /> <br />Motion to adopt Resolution #09-09-_ adopting Findings of Fact #_ relating to Diane and <br />Teny Geldaker's request for a variance to construct an open deck within the setback from the <br />Ordinary High Water Mark at 14750 Bowers Dr NW. <br /> <br />-and- <br /> <br />Motion to approve Mr. and Mrs. Geldaker's request for a variance at 14750 Bowers Dr. NW, <br />based on the findings of fact, and adopt Resolution #09-09-_ declaring terms of the variance. <br /> <br />-or- <br /> <br />Motion to deny Mr. and Mrs. Geldaker's request for a variance at 14750 Bowers Dr. NW based <br />on the findings of fact. ' <br /> <br />2 <br />