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PROPOSED FINDINGS OF FACT A.J. PARENT COHPANY 1. That A.J. Parent Company, hereinafter referred to as "Applicant", has properly applied for a Board of Adjustment variance from Section 170.076.24 of the City Code regarding setback from Rum River. 2. That the Applicant appeared before the Board of Adjustment for a public hearing pursuant to Section 170.013G of the Ramsey City Code on August 27, 1987 and that said public hearing was properly advertised and that the minutes of said public hearing are hereby incorporated as a part of these findings by reference. 3. That the subject property is legally described as follows: Lot 5, Block 1, Reilley Estates 2nd Addition, Anoka County, Minnesota (subject to easements of record as shown on plat and scenic easement to the City of Ramsey in Anoka County filed September 14, 1978). 4. That the subject property is located in the R-IR Rural Residential District and is approximately one acre in size. 5. That Section 170.076.24 of the City Code requires a minimum setback from the Rum River of 150 feet. 6. That the subject property is located in the Scenic River Overlay District and is subject to DNR review. 7. That John Stine of the DNR has reviewed the Applicant's request. 8. That the Applicant is proposing to construct a house on the subject property, set back approximately 103 feet from the Rum River. 9. That the Applicant is requesting a variance of approximately 47 feet from the requirement for a 150 foot setback from the Rum River. 10. That the Applicant has stated that the variance is necessary for the preservation of a substantial property right, namely, the ability to build on the subject property. 11. That if granted, the variance will not grant the applicant any special privilege that is denied by the Zoning Chapter to other owners of land in the R-1R Residential District. 12. That the variance requested is the minimum variance to alleviate the hardship. 13. That if granted, the variance will not be materially detrimental to the purposes of the Zoning Chapter. 14. That the variance will not substantially increase the congestion of public streets or endanger the public safety in the area. 15. 16.