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<br />8. That in August of 2004, the Ramsey Board of Adjustment approved Resolution #04-08- <br />200, which granted a variance to lot width, lot area and structure setback from the OHWM <br />for the construction of a new dwelling unit. <br /> <br />9. That item #5 of Resolution #04-08-200 granted a reduced river setback of 138 feet from the <br />OHWM for the new dwelling unit. <br /> <br />10. That item #8 of Resolution #04-08-200 states, "That no other structures or additions shall <br />be constructed in the reduced river setback, except that there shall be an exception to the <br />structure setback that shall allow encroachment of an open deck up to ten (10) feet into the <br />setback area". <br /> <br />11. That the Applicants are proposing to construct an open deck that is twenty (20) feet in <br />length and fourteen (14) feet wide on the river side of the home. <br /> <br />12. That the open deck would be approximately 124 feet from the bluff line and 137 feet from <br />the OHWM of the Mississippi River. <br /> <br />13. That the property to the north is occupied and has a structure setback from the bluff line of <br />approximately sixty-five (65) feet and approximately eighty (80) feet from the OHWM of <br />the Mississippi River. <br /> <br />14. That the property adjacent to the Subject Property on the south is vacant; but the parcel <br />south of the vacant lot has a structure setback from the bluff line of approximately 145 feet <br />and approximately 155 feet from the OHWM of the Mississippi River. <br /> <br />15. That the proposed construction of an open deck on the Subject Property would not exceed <br />the average setback of the adjacent/nearest structures. <br /> <br />16. That no vegetation would need to be removed to facilitate the construction of the proposed <br />addition. <br /> <br />17. That no earthwork, other than for the footings, will be necessary to facilitate the <br />construction of the open deck. <br /> <br />18. That there is a ten (10) to twenty (20) foot decrease in elevation from the bluff to the river, <br />which would limit the visibility of the open deck from the river. <br /> <br />19. That the DNR has reviewed this request and has no objections to the variance request. <br /> <br />20. That, if granted, the variance will not impair an adequate supply of light and air to adjacent <br />property . <br /> <br />21. That, if granted, the variance will not have the effect of allowing a use that is prohibited in <br />the applicable zoning district. <br /> <br />RESOLUTION #09-09-199 <br />Page 2 of 4 <br />