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PROPOSED FINDINGS OF FACT MK. JACK NEWCOMB 1. That Mr. Jack Newcomb, hereinafter referred to as "Applicant" has properly applied for a Board of Adjustment Variance from Section 170.016B of the City Code. 2. That the Applicant appeared before the Board of Adjustment for a public hearing pursuant to Section 170.013G of the City Code on July 2, 1987 and that said public hearing was properly advertised and that the minutes of said public hearing are hereby incorporated as part of these findings by reference. 3. That the subject property is generally known as 6301Rivlyn Avenue N.W. and is legally described as follows: Lot 8, Auditors Subdivision No. 96, Anoka County, Minnesota 4. That the subject property is located in the R-1U Residential District and is approximately .33 acres in size. 5. That the subject property is located in the Critical River Overlay District. 6. That the Applicant is proposing to construct a 26' x 11.5' addition to his existing structure for additional living space. 7. That the existing structure is located approximately 6 feet from the side property line. 8. That Section 170.016B of the City Code requires a side yard of 10 feet. 9. That the Applicant is proposing to construct the addition so that it is aligned with the existing structure and will encroach by approximately 4 feet in to the required side yard. 10. That John Stine of the DNR has reviewed the Applicant's request and has no objections to the proposed addition. 11. That the location of the existing structure with respect to the side yard does not result from the actions of Mr. Newcomb. 12. That if the variance is granted, it will not grant the Applicant' any special privilege that is denied by the Zoning Chapter to other owners of properties in the R-1U Residential District. 13. That the variance, if granted, will not be materially detrimental to the purposes of the Zoning Chapter or other properties in the R-1U Residential District. 14. 15. 16.