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CASE #2: <br /> <br />REQUEST FOR VARIANCE FROM SECTION 170.076.24 OF THE CITY CODE <br />REGARDING SETBACK FROM THE RUM RIVER; <br /> CASE OF MR. MARSHALL PEARSON OF REGENCY HOMES, INC. <br /> By: Community Development Director Anne Norris <br /> <br />Background: <br /> <br />Mr. Marshall Pearson of Regency Homes, Inc. is requesting a variance from <br />the required setback from the Rum River. Mr. Pearson has constructed a <br />home on Lot 3, Block 1, Reilley Estates 2nd Addition. The house is located <br />approximately 89 feet from the Rum River. Section 170.076.24 of the City <br />Code requires a setback of at least 150 feet from the Rum River. <br /> <br />At the time Mr. Pearson began construction on this home, the Building <br />Official and Mr. Stine of the DNR met on the site to review the proposed <br />house and to discuss and suggest measures to avoid erosion of the <br />riverbank. Since that time, a portion of the bank has eroded due to heavy <br />rains. The DNR has requested that Mr. Pearson apply for and obtain a <br />variance in order to ensure that the bank will be properly protected from <br />further erosion. <br /> <br />For your information, the following items are enclosed: <br /> <br />a) Application <br />b) Site location map <br />c) Public hearing notice <br />d) Properties notified <br />e) Site plan <br />f) Proposed findings of fact <br />g) Proposed variance <br /> <br />Recommendation: <br /> <br />Board of Adjustment Action: <br /> <br />Motion to: <br />Adopt Findings of Fact <br />request for a variance. <br /> <br />relating to Mr. Marshall Pearson's <br /> <br />-and- <br /> <br />Motion to: <br />Approve/deny Mr. Marshall Pearson's request for a variance. <br /> <br />Review Checklist: <br /> <br />Administrator <br />Attorney <br />Engineer <br />Community Development Director <br /> <br />Chief of Police <br />Finance Officer <br />Department of Natural Resources <br />Building Official <br /> <br />X <br />X <br /> <br /> <br />