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Motion by Board Member Johnson, seconded by Board Member Sweet, to adopt Resolution #02- 03-072 adopting Findings of Fact #0604 relating to ACCAP's request for a variance to lot area. Motion carried. Voting Yes: Chairperson Nixt, Board Members Johnson, Sweet, Kociscak, and Reeve. Voting No: Board Member Watson. Absent: Board Member Brauer. Motion by Board Member Johnson, seconded by Board Member Sweet, to approve ACCAP's request for a variance to the lot area requirements in the R-3 Urban Residential District, based on the findings of fact, and adopt Resolution #02-02-073 declaring terms of the variance. Motion carried. Voting Yes: Chairperson Nixt, Board Members Johnson, Sweet, Kociscak, and Reeve. Voting No: Board Member Watson. Absent: Board Member Brauer. Community Development Director Frolik requested discussion take place on the revised site plan. She noted some of the changes are that each driveway will now be 25 feet, the private street between the two center units has been opened up to access Sunwood Drive, and the single- family units have been attached to the townhouse structures. She explained that MnDot was concerned that the northerly emergency access was too close to T.H. #47 and suggested it be moved south 250 feet. The developer has moved it back as much as it can be, and it doesn't quite meet the 250 foot requirement. The City Engineer is working with MnDot. She said as a result of reviewing this site plan, Staff has determined that the new private street policy is a work in progress. Chairperson Nixt suggested this item be discussed as item #1 in the Planning Commission agenda. Case #2: Request for a Variance from Maximum Slope Grades; Case of John Enstrom Chairperson Nixt closed the regular portion of the Board of Adjustment meeting at 7:15 p.m. in order to conduct the public hearing. Public Hearing Chairperson Nixt called the public hearing to order at 7:15 p.m. Presentation City Engineer Jankowski stated John Enstrom has a grading permit to excavate soils and create a pond on his property. Ramsey City Code establishes a maximum slope grade of 12%. This standard was established with the creation of new neighborhoods in mind. It does not take into account creating ponds for which a steeper slope is often a natural transition to the waterline. Mr. Enstron applied for a variance from the 12% maximum slope from the shoreline grades to his pond. The variance was considered at the February 27, 2002 Board of Board of Adjustment/March 7, 2002 Page 3 of 5