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9. That the Subject Property is located within the Scenic River Protection Overlay District <br />(the "Overlay District), which requires structures to be setback from the OHW at least <br />150 feet and from the bluff line at least thirty (30) feet. <br />10. That the Subject Property was created as part of the Reilley Estates Plat, which was <br />approved in 1976. <br />11. That the home on the Subject Property was constructed in 1978. <br />12. That the Overlay District standards were not adopted by the City until 1981. <br />13. That the location of the home on the Subject Property is considered lawful, <br />nonconforming as it was already constructed at the time the Overlay District standards <br />were adopted by the City. <br />14. That while the Subject Property is within the Metropolitan Urban Service Area <br />(MUSA), it, as well as all the surrounding homes, are still on private wells and septic <br />systems. <br />15. That the septic system (tank and drain field) are located east and north of the home, <br />eliminating those locations from consideration for siting the Building. <br />16. That the proposed location of the Building would be approximately 100 feet from the <br />OHW and about twenty (20) from where the land starts to slope down toward the river. <br />17. That the proposed location of the Building is generally the most well screened location <br />from view from the river and requires the least amount of additional impervious <br />surfacing too (no need to extend the driveway). <br />18. That on April 10, 2019, the City sent information regarding this request to the <br />Minnesota Department of Natural Resources to ensure adequate time for any comments <br />or feedback. <br />19. That the Environmental Policy Board (EPB) reviewed this request at their April 15 <br />meeting and recommended approval of the Variance contingent upon a site visit by <br />City Staff to determine if there was space for additional trees to be planted. <br />FINDINGS OF FACT <br />That the location of the Building will not impair an adequate supply of light and air to <br />adjacent property. <br />2. That the location of the Building will not unreasonably increase the congestion on the <br />public street. <br />RESOLUTION 419-123 <br />Page 2 of 5 <br />