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• <br />• <br />3. That the subject property is surrounded by R -1 Rural Residential zoning developed with <br />single family homes. <br />• 4. That the Subject Property is also located in the Mississippi Critical and Scenic River Overlay <br />District. <br />5. That Section 9.20.11 of the Ramsey City Code establishes a 10 foot side yard setback for <br />structures in the Rural Residential District. <br />6. That the Applicants are proposing to convert their existing attached garage into living space <br />and construct a new attached garage that will encroach on the adjacent parcel to the north. <br />7. That the property owner of the parcel to the north has agreed to sell the Applicants a portion <br />of his property in order that the garage structure will be all on the Applicants property; <br />however, the property owner to the north is not willing to sell the Applicants the additional <br />property needed to meet the 10 foot side yard setbackt. <br />8. That the Applicants are applying for a zero side yard setback for the new garage and will <br />obtain an easement from the property owner to the north to enter onto a portion of his <br />property when maintenance of the north wall of the garage structure is required. <br />9. That the Applicants new garage will be located approximately 23 feet from the detached <br />garage on the property to the north. <br />10. That the Critical River Corridor requires that septic systems be set back 75 feet from the <br />ordinary high water mark. <br />11. That City Code and Minnesota Rules require that the septic tanks be 50 feet from water wells <br />and 10 feet from dwellings. <br />12. That the Applicants had the septic system inspected by a certified inspector who determined <br />that it is not in compliance with current standards and encroaches on the 75 foot ordinary <br />high water setback. <br />13. That the Applicants are proposing to abandon the non - conforming septic system and install a <br />new system in the front yard. <br />14. That a 5 foot variance to the 10 foot setback from dwellings is necessary in order for the <br />septic system to maintain a 50 foot setback from the residential well. <br />15. That a variance to the septic system setback from dwelling is preferable over a variance to the <br />setback from well because the part of the dwelling that will be within 5 feet of the septic tank <br />does not have any below grade living space. <br />RESOLUTION #01 -06 -218 <br />Page 2 of 4 <br />