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Commissioner Walker introduced the following resolution and moved for its adoption: <br />RESOLUTION #21-178 <br />A RESOLUTION GRANTING THE ISSUANCE OF A VARIANCE TO KEEP A <br />DETACHED ACCESSORY BUILDING WITHIN THE REQUIRED SIDE YARD <br />SETBACK AT THE PROPERTY AT 7474163RD AVENUE NW <br />RECITALS <br />1. Manuel Cuevas, hereinafter referred to as the "Applicant", has properly applied for <br />a Variance to keep a detached accessory building (the "Structure") within the <br />required side yard setback on the property located at 7474 163`d Ave NW and legally <br />described as follows: <br />Lot 15 Block 2 Sweetbay Ridge, Anoka County, Minnesota <br />("Subject Property") <br />2. That the Subject Property is zoned R-1 Residential (MUSA) District; the <br />surrounding parcels are also zoned R-1 Residential (MUSA). <br />3. That the Subject Property is approximately 0.38 acres in size. <br />4. That the detached building is 12' x 10' feet and 120 square feet in size, and is placed <br />within the side yard setback as well as the drainage and utility easement. The Subj ect Property <br />has a drainage and utility easement on the east side of the property that is 10' wide, <br />which is where the accessory structure has been placed. <br />5. That the placement within the drainage and utility easement would require an <br />easement encroachment agreement, approved by the City Council; City Staff is not <br />supportive of said encroachment agreement. <br />6. The accessory structure typically would have required a zoning permit before <br />placement on the property, and has since been subject to the City's code enforcement <br />process. <br />7. That City Staff followed the code enforcement process with a first notice of <br />violation, a second notice of violation with an administrative citation, and an <br />additional meeting on May 11, 2021 to discuss alternative locations and <br />requirements for the structure to remain in its current placement. <br />8. That the City of Ramsey does not support this request as the Applicant has options <br />for placement of the Structure on the Subject Property. <br />