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Board Member introduced the following resolution and moved for its adoption: <br /> <br />RESOLUTION #00-02- <br /> <br />A RESOLUTION DECLARING TERMS OF VARIANCE TO THE MINIMUM LOT <br />WIDTH, LOT AREA, AND ORDINARY HIGH WATER SETBACK IN THE CRITICAL <br />RIVER OVERLAY DISTRICT. <br /> <br /> WHEREAS, on February 1, 2000, the Ramsey Board of Adjustment issued a variance <br />from Section 9.21.07 of the Ramsey City Code to permit the construction of a dwelling unit on <br />the property legally described as follows: <br /> <br />Lot 30, Bowers Mississippi Acres, Anoka County, Minnesota <br /> <br />(the "Subject Property") <br /> <br /> NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT <br />OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: <br /> <br />Based on Findings of Fact # , a variance to lot width, lot area, and structure setback from <br />ordinary high water mark is hereby granted in order to construct a dwelling on the Subject <br />Property, in accordance with the ., 2000, Department of Natural Resources <br />Certification (attached hereto as Exhibit A). <br /> <br />2. The dwelling constructed on the Subject Property shall not be located any closer than one <br /> hundred twenty feet (106 feet) from the ordinary high water mark of the Mississippi River. <br /> <br />3. The dwelling constructed on the Subject Property shall not exceed 35 feet in height. <br /> <br />That no other structures or additions shall be constructed in the reduced river setback, except <br />that there shall be an exception to the structure setback that shall allow encroachment of an <br />open deck up to ten (10) feet into the setback area. <br /> <br />o <br /> <br />The bluff protection area (an area 40 feet landward of the bluffiine) shall be restored by <br />planting native vegetation or allowing native vegetation to re-establish itself to provide a <br />vegetative screen for the preservation of views from the river and opposite shore. A path of <br />up to six (6) feet in width through the bluff protection area shall be allowed to provide access <br />to the river. The bluff protection area, once restored, shall be left in a natural state. <br /> <br />6. That the property owner shall be responsible for all City costs incurred in administering and <br /> enforcing this variance. <br /> <br />The motion for the adoption of the foregoing resolution was duly seconded by Board Member <br /> and upon vote being taken thereon, the following voted in favor thereof: <br /> <br />and the following voted against the same: <br /> <br />and the following abstained: <br /> <br />and the following were absent: <br /> <br /> <br />