Resolution - #04-09-234 - 09/02/2004

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10. ll. 12. 13. 14. 15. 16. 17. 18. 19. 20. That in March of 1983, the Minnesota Environmental Quality Board reviewed an application for a building permit for a single family home for the Subject Property and had no objection to the City issuing the building permit. That the Applicants are proposing to demolish the existing deck and construct a 15' x 15' Ibm' season porch addition on the Subject Property that would be approximately thirty-five (35) feet fi'om the bluff line and about eighty-five (85) feet from the OHW mark of the Mississippi River. That the structure setbacks on the two adjacent properties are between thirty (30) and thirty- five (35) feet from the bluff line and between seventy-five (75) and eighty (80) feet from the OHW; the proposed addition on the Subject Property would not exceed the average setback of both adjacent structures. That the addition would not extend beyond the existing cement slab; therefore, no additional impervious area would be created. That no vegetation would need to be removed to facilitate the construction of the proposed additim~. That no earthwork, other than the holes cut through cement slab to support the footings, will be necessary to facilitate the construction of the addition. That there is a twenty (20) to thirty (30) foot decrease in elevation from the bluff to the river, and there is significant vegetation along the bank of the river, mostly cottonwoods, ashes, and cedars, that do provide screening of the house from the river. That the DNR has reviewed this request and has determined that as long as the proposed structure is setback at least the average of the two adjacent structures, from both the bluff line and the OHW, they have no concern with the issuance of the variance. That the Mississippi River setback requirement imposes a hardship on the Subject Property that is not applicable to other lands in the same district. That, if granted, the variance will not impair an adequate supply of light and air to adjacent property. That, if granted, the variance will not have the effect of allowing a use that is prohibited in thc applicable zoning district. That, if granted, the variance will not increase the congestion on the public street. That, if granted, the variance will not adversely impact the degree of public health, safety and general welfare provided for in the Ramsey City Code. RESOLUTION #04-09-234 Page 2 of 3