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74 <br /> <br />The public hearing was closed at 7' 13 p.m. <br /> <br />Board Business <br /> <br />Chairperson Nixt called the Board of Adjustment meeting back to order at 7:13 p.m. <br /> <br />Motion by Chairperson Nixt, seconded by Board Member to adopt Resolution #04-08-199 <br />adopting'Findings of Fact #0689 relating to Richard Dahhnan's request fora variance to Section <br />9.21.07 of the Ramsey City Code regarding lot area, lot width, setback from the Mississippi <br />River contingent upon DNR certification, and completing a second PIN request at the offices of <br />Anoka County, and contingent on staff verifying that the sewer setback requirements are met. <br /> <br />Further Discussion: Board Member Brauer asked if there are iegal issues because so many of <br />these variances have been granted in the past. Associate Planner Wald replied eight of these <br />variances have been approved. However, this comes down to the issue that if Mr. Dahlman were <br />to sell tot six he could build on it fight now; There are so many loopholes that it is not practical <br />to enforce it. Board Member Van Scoy inquired if there is any difference with Countryside <br />Homes taking title. Associate Plarmer Wald replied Mr. Dahlman has a contract with <br />Countryside Homes to build both homes, and they will take title after this variance is approved. <br />Chairperson Nixt indicated that does not bother him. It is a means of permitting construction <br />financing. He inquired if there will be a purchase a~'eement subject to the development of the' <br />lot. Mr. Dahh'nan responded in the affirmative. He explained Countryside Homes is taking title <br />for the convenience of financing. Chairperson Nixt suggested staff review an amendment to this <br />ordinance. <br /> <br />Motion can'ied. Voting Yes: Chairperson Nixt, Board Members Watson, Brauer, Jeffrey and <br />Van Scoy. Voting No: None. Absent: Board Members Jotmson and Shepherd. <br /> <br />Motion by Chairperson Nixt, seconded by Board Member Watson, to approve Mr. Dahlman's <br />request ibr a variance on Lot 5, Bowers Mississippi ,Acres based on the findings of fact and adopt <br />Resolution #97~08-200 declaring terms of same. <br /> <br />Motion carried. Voting Yes: Chairperson Nixt, Board Members Watson, Brauer, Jeffrey and <br />Van Scoy. Voting No: None. Absent: BOard Members Johnson and Shepherd. <br /> <br />Case #2: <br /> <br />Request for a Variance from Street Frontage or Lot Width Requirements; <br />Case of Kelly and Carrie Hemp <br /> <br />Assistant Community Development Director Trudgeon indicated'staff is asking to table this <br />variance request to the September meeting, as the applicant is in negotiations with the adjacent <br />property owner. <br /> <br />Chairperson Nixt asked when action must be taken. <br /> <br />Assistant Community Development Director Trudgeon replied the deadline Will expire <br />September 11 th or 12th. The only exception would be if the applicant were to waive the 60-day <br />rule, which would be up to the applicant to do. <br /> <br />Board of Adjustment/August 5, 2004 <br /> Page 4 of 11 <br /> <br /> <br />