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<br />. <br /> <br />. <br /> <br />. <br /> <br />Item #15 should be added to read as follows: 'That the City of Ramsey <br />city staff misinterpreted the scenic river setback requirement of City <br />Code and issued an erroneous building permit.' <br /> <br />Further Discussion: Chairman Zimmerman inquired if approving this variance <br />would set a precedent for the remaining undeveloped river lots. A resident <br />of the area stated that there are about 5 undeveloped lots remaining and <br />inquired as to when the scenic ordinances were enacted. Ms. Norris stated <br />that the scenic easement was recorded in 1978 and the setbacks were enacted <br />in 1981. A resident stated that it is very obvious that there were about a <br />dozen trees cleared from the Hokanson property when they built. Mr. Uhde <br />suggested that the owners of the remaining vacant lots be notified of <br />scenic river regulations. Chairman Zimmerman stated that he feels it is <br />encumbent upon the owner of property to find out rules and regulations. <br />Ms. Norris noted that a variance from Rum River setback would be addressed <br />by this Board of Adjustment; Regency Homes would have to apply to City <br />Council and Anoka County Board for a variance to encroach on the scenic <br />river easement. <br /> <br />Motion carried. Voting Yes: Chairman Zimmerman, Commissioners Shumway, <br />LaDue, Terry, Holm and Hendriksen. Voting No: None. Absent: <br />Commissioner Howell. <br /> <br />Motion by Commissioner LaDue and seconded by Commissioner Shumway to amend <br />the proposed variance agreement by including the plat sketch and remedial <br />actions recommended in a letter from Anoka Soil and Water Conservation <br />District Board of Supervisors (Alan Vokaty, Patricia Rudolph and Joel <br />Esteb) dated September 16, 1987 regarding erosion and sediment control for <br />15855 Juniper Ridge Drive. <br /> <br />Motion carried. Voting Yes: Chairman Zimmerman, Commissioners Shumway, <br />LaDue, Terry, Holm and Hendriksen. Voting No: None. Absent: <br />Commissioner Howell. <br /> <br />Chairman Zimmerman stated that the house is there, it will not be moved and <br />questioned the need for a variance; granting a variance would indicate that <br />the Board of Adjustment agrees that the placement of the structure is the <br />only feasible location in order to preserve the lot. <br /> <br />Mr. Stine stated that in his opinion, not taking action to approve or deny <br />a request for variance is saying that the city is not authorizing a <br />building at a location. Any attorney investigating the property for a <br />prospective buyer would recommend that it not be purchased because records <br />would indicate that the building was illegally constructed too near the <br />river. Mr. Stine stated that he thinks the Commission has to take action <br />to allow the structure to stay or deny the request for variance and specify <br />some future disposition of the structure. <br /> <br />Chairman Zimmerman directed that Ms. Norris have the City Attorney research <br />any adverse impacts or liability incurred by the city not taking action on <br />a request for variance. <br /> <br />Discussion ensued regarding how binding the actions of the Building <br />Official are and Commissioner LaDue stated that in his opinion, whatever <br />the Building Official does in his capacity for the city, binds the city. <br />Board of Adjustment/September 24, 1987 <br /> <br />Page 4 of 7 <br />