Resolution - #00-09-226A - 09/05/2000

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30-3a SG/ — o o l c Board Member Kociscak introduced the following resolution and moved for its adoption: RESOLUTION #00- 09 -226A 154 A RESOLUTION DECLARING TERMS OF VARIANCE TO SETBACK FROM ORDINARY HIGH WATER MARK IN THE CRITICAL RIVER OVERLAY DISTRICT WHEREAS, on September 5, 2000, the Ramsey Board of Adjustment issued a variance from Section 9. 21.07 of the Ramsey City Code to permit the construction of a dwelling unit on the property legally described as follows at a reduced setback from the ordinary high water mark of the Mississippi River: That part of Lot 30, Bowers Mississippi Acres, Anoka County, Minnesota, according to the recorded plat thereof, which lies northwesterly of the following line and its extensions. Said line is described as follows: Beginning at the most northerly corner of Lot 31 of said Bowers Mississippi Acres, thence southwesterly along the northwest line of said Lot 31 a distance of 182.00 feet; thence southwesterly deflecting to the right 30 degrees 00 minutes 00 seconds a distance of 36.55 feet; thence southwesterly deflecting to the left 30 degrees 00 minutes 00 seconds; a distance of 90.69 feet; thence southerly deflecting to the left 30 degrees 00 minutes 00 seconds, a distance of 36.55 feet to the northwesterly line of said Lot 31; thence southwesterly along the northwesterly line of said Lot 31 to the shoreline of the Mississippi River and said line there terminating. (the "Subject Property ") NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: 1. Based on Findings of Fact #0530, a variance to structure setback from ordinary high water mark is hereby granted in order to construct a dwelling on the Subject Property, contingent upon Department of Natural Resources Certification. 2. The dwelling constructed on the Subject Property shall not be located any closer than one hundred and six feet (106 feet) from the ordinary high water mark of the Mississippi River. 3. The dwelling constructed on the Subject Property shall not exceed 35 feet in height. 4. That no other structures or additions shall be constructed in the reduced river setback, except that there shall be an exception to the structure setback that shall allow encroachment of an open deck up to ten (10) feet into the setback area. 5. The bluff protection area (an area 10 feet landward of the bluffline) shall be restored by planting native vegetation or allowing native vegetation to re- establish itself to provide a vegetative screen for the preservation of views from the river and opposite shore. A path of