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PROPOSED FINDINGS OF FACT A.J. PARENT COMPANY 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 Ramsey City Code regarding setback from the 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 September 24, 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 and Anoka County filed September 14, 1978). 4. That the subject property is located in the R-IR Rural Residential district and is approximately 1 acre in size. 5. That the subject property is also located in the Scenic River Overlay District. 6. That the Applicant is proposing to construct a residential structure which will be located approximately 110 feet from the Rum River. 7. That Section 170.076.24 of the City Code requires a minimum setback from the Rum River of 150 feet. 8. That the Applicant is requesting a variance of approximately 40 feet to encroach on the Rum River setback. 9. That the proposed structure would be setback similarly to structures on adjacent properties. 10. That John Stine, DNR, has reviewed the Applicant's request and has stated that he has no objections to granting the variance as the proposed structure is set back from the Rum River similarly to structures on adjacent properties. 11. That the structure on the adjacent property to the northwest of the subject property is approximately 107 feet from the Rum River. 12. That the structure on the adjacent property to the southeast of the subject property is approximately 113 feet from the Rum River. 13. That the Applicant has stated that there are special circumstances applying to the subject property, namely, the Rum River setback, that do not apply generally to other properties in the R-1R Rural Residential district. 14. That the Applicant has stated that the variance is necessary in order to construct the structure on the subject property.