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PRC~OSED FISDINGS CF FACT KEN AND SANDY VCID 5355 165TH LANE N.W. e 8. 9. 10. 11. 12. 13. 14. That Ken and Sandy Vold, hereinafter referred to as "Applicant', have properly applied for a Board of Adjustment variance from Section 170.076 of the Ramsey City Code regarding the required setback frcxn the Rum River. That the Applicant appeared before the Board of Adjustment for a public hearing pursuant to Sections 170.013G and 170.076 of the City Code on May 25, 1988 and that said public hearing was properly advertised and t~at the minutes of said public hearing are hereby incorporated as part of these findings by reference. That the subject property is generally known as 5355 165th Lane N.W. and is legally described as follows: Lot 4, Block 1, White Pine Estates, Anoka County, Minnesota That the subject property is located in the R-iR Rural Residential District and is approxin~tely 1 acre in size. That the subject property ~s located in the Scenic River Overlay district. That the Applicant is proposing to expand the existing deck on the subject propertywitha 13 foot wide and 65 foot long addition. That theApplicant currently has a deck onthe existing structure which is set back approximately 115 feet frcm the Rum River. That Section 170.076 of the City Code requires all structures to be set back at least 150 feet fr~m the Rum River. That the proposed deck expansion will be no closer to the Rum River than the existing deck. That the John Stine, DNR, has reviewed the Volds' request and has no objections to the deck expansion. That the Applicant has stated that there are unique circumstances applying to the subject property in that the subject property is subject to the restrictions of the Scenic River Ordinance which do not generally apply to Other properties in the R-1R Rural Residential district. That the Applicant has stated that the variance is necessary for the preservation of the substantial property right. That the special circumstanceS that the property is located in the Scenic River Overlay District, do not result from the actions of the Applicant. That if granted, the variance will not grant the Applicant any special privilege that is denied to other owners of property in the R-1R Rural Residential District.