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<br />PROPOSED FINDINGS OF FACT <br />DUANE AND LINDA KENNEN <br /> <br />1. That Duane and Linda Kennen. hereinafter referred to as "Applicants", <br />have properly applied for a Board of Adjustment variance to construct <br />an above ground swimming pool which will encroach on the required <br />setback from the Rum River. <br /> <br />2. That the Applicant appeared before the Board of Adjustment for a public <br />hearing pursuant to Sections 170.013G and 170.076 of the Ramsey City <br />Code on July 25, 1988 and that said public hearing was properly <br />advertised and that the minutes of said public hearing are hereby <br />incorporated as part of these findings by reference. <br /> <br />3. That the subject property is generally known as 15845 Juniper Ridge <br />Drive N.W. and is legally described as follows: <br /> <br />Lot 4, Block 1. Reilley Estates Second Addition, <br />Anoka County, Minnesota <br /> <br />4. That the subject property is approximately 1 acre in size and is <br />located in the R-1R Rural Residential District. <br /> <br />5. That the subject property is also located within the Scenic River <br />Overlay District. <br /> <br />6. That the Applicants constructed a house on the property in 1980, prior <br />to the City's adoption of the Scenic River Development standards. <br /> <br />7. That the Applicants are requesting a variance from the requirements of <br />Section 170.076 regarding the placement of structures from the Rum <br />River. <br /> <br />8. That the Applicants are proposing to construct a 16' x 38' above ground <br />swimming pool which will be located approximately 30 feet from the <br />bluffline of the Rum River. <br /> <br />9. That Mr. John Stine of the DNR has reviewed the request and determined <br />that there are no alternative locations for the swimming pool on the <br />subject property and that he has no objections to the proposed location <br />for the swimming pool. <br /> <br />10. That the Applicants have stated that there are exceptional circumstances <br />applying to the subject property. Namely, that the property is located <br />in the Scenic River Overlay District. <br /> <br />11. That the Applicants have stated that such variance is necessary for the <br />preservation of a substantial property right, namely, the ability to <br />construct an above ground swimming pool. <br /> <br />12. That the special condition, that the property is located in the Scenic <br />River Overlay District, does not result from the actions of the <br />Applicants. <br /> <br />13. That if granted, the variance will not grant the Applicants special <br />privileges that are denied by the Zoning Chapter to other owners of <br />land in the same area. <br /> <br />9 <br />