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<br />PROPOSED FINDINGS OF FACT <br />MR. AND MRS. LYNN BOEHLAND <br /> <br />1. That Mr. and Mrs. Lynn Boehland, hereinafter referred to as <br />"Applicants", have properly applied for a Board of Adjustment variance <br />to construct an in-ground swimming pool, which will be located in front <br />of the principal structure. <br /> <br />2. That the Applicants appeared before the Board of Adjustment for a <br />public hearing pursuant to Section 170.013G of the Ramsey City Code on <br />August 30, 1988 and that said public hearing was properly advertised <br />and that the minutes of said public hearing are hereby incorporated as <br />part of these findings by reference. <br /> <br />3. That the subject property is generally known as 17211 Germanium Street <br />N.W. and is legally described as follows: <br /> <br />Lot 15, Block 4, Brookview Estates, Anoka County, Minnesota <br /> <br />4. That the subject property is approximately 1 acre in size and ~s <br />located in the R-IR Rural Residential District. <br /> <br />5. That the subject property is also located in the Scenic River Overlay <br />district. <br /> <br />6. That the Applicants are requesting a variance in order to construct an <br />18' x 36' in-ground swimming pool in front of the principal structure <br />on the subject property. <br /> <br />7. That the proposed swimming pool is to be located 30 feet in front of <br />the principal structure, towards Germanium Street. <br /> <br />8. That Section 170.015 of the Ramsey City Code states that no accessory <br />structure shall be constructed closer to the front line than the <br />principal structure. <br /> <br />9. That John Stine, DNR, reviewed the Applicants request and commented <br />that the proposed swimming pool must not be located closer to the bluff <br />of the Rum River than 30 feet. <br /> <br />10. That the Applicants have stated that there are exceptional <br />circumstances applying to the subject property, namely that the <br />property is located in the. Scenic River Overlay district, the lot is <br />unusually shaped and the house is built on the bluff of the Rum River <br />and a swimming pool cannot be constructed beyond the bluff line. <br /> <br />11. That the Applicants have stated that such variance is necessary for the <br />preservation of the substantial property right, namely the ability to <br />construct an in-ground swimming pool. <br /> <br />12. That the special circumstances do not result from the actions of the <br />Applicants. <br /> <br />13. That if granted, the variance will not grant the applicant special <br />privileges that are denied by the Zoning Chapter to other owners of <br />land in the same area. <br /> <br />~1/ <br />