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Motion carried. Voting Yes: Chairperson Anderson, Board Members Jensen, Kociscak, Dempsey, Johnson, and Nixt. Voting No: None. Absent: Wivoda. PUBLIC HEARINGS/BOARD BUSINESS Case #1: Request for a Variance to Minimum Lot Width, Lot Area and Ordinary High Water Setback; Case of Harold Boyum Chairperson Anderson closed the regular portion of the Board of Adjustment meeting at 7:07 p.m. in order to conduct the public hearing. Public Hearing Chairperson Anderson called the public hearing to order at 7:07 p.m. Presentation Community Development Director Frolik stated that Section 9.21.07 (Critical River Overlay District Development Standards) of the Ramsey City Code states that no lot that is substandard in width and area by today's standards may be developed if it is under the same ownership as one of the adjacent parcels. Harold Boyum owns Lots 30 and 31 in Bowers Mississippi Acres. He lives on Lot 31 and desires to sell his existing home and build a new home on Lot 30. Under the duo-ownership rule in Section 9.21.07, Mr. Boyum needs a variance to lot width and area to render Lot 30 as a buildable lot. In addition, he is proposing that the subject property have a structure setback from the ordinary high water mark similar to that of the existing homes on Lots 31 and 29. The property is in the Scenic and Critical River Overlay districts. The subject property was platted in 1948, has a lot width of 100 feet and is approximately .8 acres in size. Since the adoption of the new rules in 1985, several homes have been developed on Bowers Drive that are substandard by today's standards, but most of them were not duo-ownership situations. Likewise, several homes have been constructed along the river with setbacks from the ordinary high water mark in line with adjacent structure setbacks versus today's 200 foot setback. In 1997, the Board granted a variance in a case nearly identical to Mr. Boyum's case. Currently, there are about six cases of duo-ownership lots on Bowers Drive. Citizen Input Itl Larsen, 14480 Bowers Drive NW, Ramsey, thanked the Board of Adjustment for the opportunity to address the Board on the issue. He explained that his home is set on lot 29 and was constructed in 1964. Mr. Larsen presented information showing in his opinion that the bluff line is not the survey line as shown on Mr. Boyum's survey, but 33 feet further up the bank. He further stated that the Critical River Overlay District standards state that the river setback is to be 35 feet from the bluff line or 200 feet from the high water mark and no high water mark has been indicated. The original structure constructed on Lot 31 was located on both Lot 30 and 31, then Mr. Boyum demolished the existing home leaving the foundation and reconstructed the home Board of Adjustment/February 1, 2000 Page 2 of 7