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CASE #1: <br /> <br />REQUEST FOR VARIAI~CE 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 70 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 site, the <br />proposed location of the house and to review measures to avoid erosion of <br />the riverbank. Since that time, a portion of the bank has eroded due to <br />heavy 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) Certified lot survey and site plan <br />d) Letter dated September 16, 1987 from Pat Rudolph, SWCD <br />e) Letter dated September 24, 1987 from John Stine, DNR <br />f) Findings of Fact #0180 <br />g) Proposed variance <br /> <br />Observations: <br /> <br />The Board conducted a public hearing on this request on September 24, 1987 <br />and tabled action pending: 1)the provision of a certified site plan showing <br />the scenic easement and location of the house; and 2)information from the <br />City Attorney regarding the City's liability in granting a variance after <br />the fact. <br /> <br />The City Attorney reviewed this case and stated that as the City issued the <br />building permit and the house has been constructed, the City realistically <br />should issue a variance even though it is after the fact. <br /> <br />Recommendation: <br /> <br />Board of Adjustment Action: <br /> <br />Motion to: <br />Approve/deny Mr. Marshall Pearson's request for a variance. <br /> <br />Review Checklist: <br /> <br />Administrator <br />Attorney X <br />Engineer <br />Community Development Director X <br /> <br />Chief of Police <br />SWCD X <br />Department of Natural Resources X <br />Building Official X <br /> <br /> <br />