Resolution - #92-08-204 - 08/27/1992

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Commissioner Deemer introduced the following resolution and moved for its adoption: RESOLUTION #92-08-204 A RESOLUTION DECLARING FINDINGS OF FACT 60320 RELATING TO A REQUEST FOR A VARIANCE TO FRONT YARD SETBACK REQUIREMENTS ON LOT 8, BLOCK 1, REILLEY ESTATES, ANOKA COUNTY, MINNESOTA That Mr. John Ploeger, hereinafter referred to as "Applicant", has properly applied for a Board of Adjustment variance from Section 9.11.02 of the Ramsey City Code to construct a dwelling unit less than 40 feet from the front property line on the property legally described as follows: Lot 8, Block 1, Reilley Estates, Anoka County, Minnesota o That the Applicant appeared before the Board of Adjustment for a public hearing pursuant to Section 9.03.05 of the Ramsey City Code on August 27, 1992 and that said public hearing was properly advertised and that the minutes of said public hearing are hereby incorporated as a part of these findings by reference. That the subject property is zoned R-1 Rural Residential and is approximately one (1) acre in size. · That the subject property is located in the R-1 Rural Residential District and the surrounding parcels are also zoned R-1 Rural Residential. 5. That the subject property is also located in the Scenic River Overlay District. That Section 9.11.02 (R- 1 Rural Residential District) of the Ramsey City Code requires a front yard setback of 40 feet. That Section of the Ramsey City Code requires a 150 foot setback from the Ordinary High Water (OHW) mark. 8. That the plat of Reilley Estates was established in 1976. 9. That the regulations for the Scenic River Overly District were established in 1981. 10. That the size of the subject parcel as it pertains to the placement of sumctures in the Rural Residential District and the Scenic Overlay District is not conducive to meeting both the front yard and the Rum River setback requirements. 11. That the Applicant is proposing to encroach on the front yard setback by approximately thirteen (13) feet. 12. That the consensus of the Department of Natural Resources is that it is preferable for communities to grant variances to local setback standards than to Scenic River setbacks. 13. That the City has granted similar variances. 14. That the Applicant has stated that there are unique conditions applying to the property in question; namely that the parcel was platted prior to the establishment of the Scenic River Overlay regulations and consequently, there is not a sufficient amount of area on the lots to meet local and Scenic River setback requirements. 15. That the Applicant has stated that such variance is necessary for the preservation and enjoyment of substantial property rights similar to those possessed by other properties in the R-1 Rural Residential District.