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Further Discussion: Board Member Van Scoy stated he is concerned about making a bad situation worse. Assistant Community Development Director Frolik stated it is only a 4% increase. She indicated that tiao Rum River Watershed District had indicated that this could be looked at as an administrative variance because of the small increase, but Ramsey does not have the policy in place to cio so. City k;ngincer Jankowski stated that where they are looking at parking nodes there may be an opportunity to have a cub cut and small indents to take some of the runoff. Motion carried. Voting Yes: Chairperson Nixt, Board Members Johnson, Levine, and Shepherd. Voting No: Board Member Van Scoy. Absent: Board Members Brauer and Watson. Motion by Board Member Johnson, seconded by Chairperson Nixt to adopt Resolution #05-08- ?.47 approving the request for a variance to impervious surface restrictions in the Wild and Scenic River Overlay District to facilitate additional customer parking and an outdoor patio at Rivers Bend Plaza, with modification to Condition #5 to include the language 'as approved by sta I'1>. Motion carried. Voting Yes: Chairperson Nixt, Board Members Johnson, Levine, and Shepherd. Voting No: Board Member Van Scoy. Absent: Board Members Brauer, and Watson. Case #2 Request for a Variance to Maximum Side Yard Setbacks at Sunfish Gateway; Case of Sharp & Associates Associate Planner Geisler advised that Sharp & Associates, LLC has submitted a request for variance to the side-yard setback requirements at 6431 140th Court. She stated that Sharp & Associates is proposing to construct an 8,415 square foot office/warehouse facility. She indicated the proposed building has an encroachment on the side yard setback by a distance of 11 I'eet ()ti thc north side next to the existing retaining wall. She stated that the reason for this is the lot si×c is too small to provide for more convenient and adequate parking stalls. Associate Planner Geisler stated that the Sunfish Gateway Plat was deriving access from Sunfish i,akc Boulevard, with a private street providing access to Lot 3. She indicated that the plat was approved by the City Council on June 25, 2002, contingent upon easement rights being granted to iht City to make the private street a public street. She stated the road easement borders the applicant's lot on the south and west side and decreased the lot size to 39,356 square feet. Public llearing Chairperson Nixt opened the public hearing at 7:10 p.m. There were no citizen comments. Motion by Board Member Johnson, seconded by Chairperson Nixt to close the public hearing at 7:1 0 p.m. Board of Adjustment/August 8, 2005 Page 3 of 4