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Commissioner Shumway moved the adoption of the following findings of fact: FINDINGS OF FACT ~0180 MR. M~SHALL PEARSON OF REGENCY HOMES, INC. 1. ~hat Mr. Marshall Pearson of Regency Homes, Inc., hereinafter referred to as "Applicant", has 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 Applicnat appeared before the Board of Adjustment for a public hearing pursuant to Section 170.013C of the Ramsey City Code on September 24, 1987 and that said public hearing was properly advertised and 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 15855 Juniper Ridge Drive N.W. and is legally described as follows: Lot 3, Block 1, Reilley Estates 2nd Addition, Anoka County, Minnesota (subject to a scenic easement to the City of Ramsey and Anoka County filed September 14, 1978 and subject to a road easement to the City of Ramsey across the South 33 feet 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 has constructed a home which is located approximately 70 feet from the ordinaary high water level of the Rum River. 7. That Section 170.076.24 of the City Code requires structures to be set back from the Rum River at least 150 feet. 8. ~nat the Applicant is requesting a variance of approximately 80 feet to the Rum River setback requirement. 9. That the Applicant has stated that there are unique circumstances applying to the subject property, namely, the Rum River setback requirements, that do net apply generally to other properties in the R-IR Rzra! Residential district. I0. ~nat the Applicant has stated that such variance is necessary in order to preserve the right to construct a structure on the subject property. i!. That the Applicant has stated that due to the tooography of the lot, the house was constructed on the only possible site on the subject property. 12. ~nat if granted, the variance will not be materially detrimental to the purposes of the Zoning Chapter. 13. ~nat if granted, the variance will not substantially endanger the public safety in the area. l!