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Motion carried. Voting Yes: Chairperson Nixt, Board Members Johnson, Van Scoy, Brauer, Jeffrey, Shepherd, and Watson. Voting No: None. Absent: None. PUBLIC HEARIN GS/BOARD BUSINESS Case#l: Request for a Variance to Construct a Four-Season Porch Addition that Encroaches on the Setback from the Ordinary High Water Mark along the Mississippi River; Case of Sheldon and Melinda Mayer Presentation Associate Planner Waid advised that staff has received a request for a variance to construct a four-season porch addition by Sheldon and Melinda Mayer. She stated the Ramsey City Code states that the setback for any structure within the Critical River Area and Rural Service Area shall be thirty-five feet from the bluff line or 200 feet from the Ordinary High Water Mark, whichever is greater. She indicated Mr. and Mrs. Mayer have applied for a variance to construct a four-season porch addition within the OHW setback on the property at 9124 Collins Drive NW. Associate Planner Wald explained the property is located on Collins Drive, along the Mississippi River. She stated that in 1985 the City adopted regulations for properties within the Critical River Corridor. She noted the Mayer's house was constructed in 1983 and is approximately fifty feet from the bluff line and 100 feet from the OHW, which is considered lawful non-conforming. Associate Planner Wald stated the dwellings on the adjoining properties east and west of the Mayer's property are approximately 30-35 feet frOm the bluff line and 75-80 feet from the OHW, therefore the proposed addition would not reduce the existing pattern of encroachments into the setbacks from the bluff line or the OHW. Associate Planner Wald indicated the DNR was notified of the request and was provided with the pertinent information for review. Their determination was that as long as the variance did not reduce the pattern of the existing structure setbacks, from either the bluff line or the OHW, they have no concern with approving the variance. She stated Staff is recommending that the Board of Adjustment approve the variance to the river setback. Public Hearing Chairperson Nixt opened the public hearing at 7:06 p.m. Motion by Board Member Johnson, seconded by Chairperson Nixt to close the public hearing at 7:06 p.m. · Motion carrie& Voting Yes: Chairperson Nixt, Board Members Johnson, Brauer, Jeffrey, Shepherd, Van Scoy, and Watson. Voting No: None. ~bsent: None. Board Input Motion by Board Member Johnson, seconded by Chairperson Nixt to adopt Resolution #04-09- 234 adopting Findings of Facts #0695 favorable to the applicant relating to Sheldon and Melinda Board of Adjustment/September 2, 2004 Page 2 of 6