Resolution - #00-08-185 - 08/01/2000

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Board Member Johnson introduced the following resolution and moved for its adoption: RESOLUTION #00 -08 -185 RESOLUTION ADOPTING FINDINGS OF FACT #0529 RELATING TO A REQUEST FOR A VARIANCE TO REAR YARD SETBACK REQUIREMENTS WHEREAS, Boilermakers #647, hereinafter referred to as "Applicant," has properly applied for a variance from Section 9.20.21 of the Ramsey City Code to construct an addition to the existing building that will continue a 5 foot encroachment on the 35 foot rear yard setback on the property generally known as 9459 Hwy. 10 NW and legally described as follows: Lot 1, Block 1, Ramsey Commercial Park, Anoka County, Minnesota. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: 1. That the Board of Adjustment conducted a public hearing pursuant to Section 9.03.05 of the Ramsey City Code on August 1, 2000, and that said public hearing was properly advertised, and that the minutes of said public hearing are hereby incorporated as a part of these findings by reference. 2. That the subject property is zoned B -1 Business and is approximately 1.2 acres in size. 3. That the subject property is surrounded by B -1 Business zoning developed with businesses. 4. That section 9.20.21 (B -1 Business District) requires a thirty-five (35) foot rear yard setback and a 10 foot side yard setback. 5. That at the time the existing building was constructed, the west property line was considered the side yard and the placement of the building exceeded the 10 foot setback by 20 feet. 6. That the replatting of Ramsey Commercial Park in 1997 from 2 north/south lots to 3 east/west lots altered the interpretation of the yards and the side yard on the Subject Property became the rear yard and the existing building encroached on the 35 foot setback by 5 feet. 7. That the applicant is proposing to enlarge the existing building and a 10 -foot by 4 -foot section of the addition will continue the 5 -foot encroachment on the rear yard setback. 8. That the special conditions, reorientation of side and rear yards, do not result from the actions of the Applicants. 9. That the variance requested is the minimum variance which would alleviate the hardship. 10. That if granted, the variance will /will not permit a use that is prohibited in the B -1 Business District.