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Board Member Johnson stated that once the Board has treated people a certain way, others can <br />expect that treatment. He questioned why the new homes should be further back than the <br />existing homes. <br /> <br />Principal Planner Trudgeon explained that the Mississippi is unique. The Wild and Scenic River <br />overlaps with the Critical River. He said the DNR does not object to using the same standards as <br />in the Scenic River. This language was omitted from the books, so it has to be approved as a <br />variance. <br /> <br />Board Member Kociscak pointed out that about four of these requests have been approved, and <br />this is the first objection. <br /> <br />Motion by Board Member Johnson, seconded by Board Member Reeve, to adopt Resolution #02- <br />02-024 adopting Findings of Fact #0598 relating to Francis and Barbara Klabough's request for a <br />variance to Section 9.21.07 of the Ramsey City Code regarding the setback from the Ordinary <br />High Water Mark of Mississippi River. <br /> <br />Motion carried. Voting Yes: Chairperson Nixt, Board Members Johnson, Reeve, Brauer, <br />Kociscak, Sweet and Watson. Voting No: None. Absent: None. <br /> <br />Board Member Reeve asked where the hardship is. He asked if they could go farther "inland". <br /> <br />Chairperson Nixt stated this is just a drafting issue with the City ordinance. There is a snag and <br />the precedence is to apply the most liberal rule in an overlay district. The hardship would be to <br />not grant the variance. <br /> <br />Board Member Sweet stated that just because it was done in the past does not mean it is good to <br />do in the future. She said she agrees with this case, but it should not be a standard reasoning. <br /> <br />Motion by Board Member Johnson, seconded by Board Member Kociscak, to approve Francis <br />and Barbara Klabough's request for a variance on Lot 12, Bowers Mississippi Acres based on the <br />findings of fact and adopt Resolution #02-02-025 declaring terms of same. <br /> <br />Motion carried. Voting Yes: Chairperson Nixt, Board Members Johnson, Kociscak, Brauer, <br />Reeve, Sweet and Watson. Voting No: None. Absent: None. <br /> <br />Case #3: Request for a Variance from Maximum Slope Grades; Case of John Enstrom <br /> <br />Chairperson Nixt closed the regular portion of the Board of Adjustment meeting at 7:17 p.m. in <br />order to conduct the public hearing. <br /> <br />Public Hearing <br /> <br />Chairperson Nixt called the public hearing to order at 7:17 p.m. <br /> <br />Board of Adjustment/February 7, 2002 <br /> Page 4 of 7 <br /> <br /> <br />