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subject to review by the DNR and conditions were applied. He explained the conditions invoked <br />by the DNR were unacceptable to him so he requested a heating. He indicated mediation was <br />scheduled for April 9th. <br /> <br />Mr. Lien stated while reviewing DNR files he discovered correspondence directed to the City of <br />Ramsey regarding minimum standards of 100 feet from the ordinary water mark and 20 feet from <br />the bluffline. However, nothing has ever been done with regard to the City's standard. In 1985 <br />the 200 foot setback was adopted by the Planning and Zoning Commission, however, a 100 foot <br />setback was already in effect under the Minnesota Rules. Executive Order 79.19 states the DNR <br />plan and local regulations shall be submitted to the Environmental Quality Board (EQB) for <br />approval. The Wild and Scenic Rivers Act was then written which stated the Executive Order <br />would expire October, 18, 1979. He stated the DN-R's April 7, 1998 letter indicates the <br />Executive Order is still in effect, however, he said the Wild and Scenic Rivers Act, including <br />Minnesota Rule 61.05, calls for a 100 foot setback, and supersedes the Executive Order. <br /> <br />Mr. Lien indicated Elk River has a 100 foot setback from the fiver and 30 foot setback from the <br />bluffline. Otsego also has a 100 foot setback with a 20 foot setback form the bluffline. Dayton's <br />agricultural area has a 200 foot setback from the river and the residential area has a 100 foot <br />setback with a 20 foot bluff line. <br /> <br />Mr. Lien stated there are 8 fiver lots on Bowers Drive currently undeveloped. In order to protect <br />the fights of property owners on Bowers Drive, he stated the 100 foot setback and dual <br />ownership needed to be addressed. He said the EQB has a law which says property shall be <br />treated equally and requested the City Attorney be contacted for legal assistance for the Planning <br />Commission and Council regarding the request. <br /> <br />Commissioner Deemer stated a subcommittee is currently discussing Chapter 9 Codes. <br /> <br />ADJOURNMENT <br /> <br />Motion by Commissioner Jensen, seconded by Commissioner Deemer, to close the public hearing <br />at 7:59 p.m. <br /> <br />Motion Carded. Voting Yes: Chairperson Bawden, Commissioners Jensen, Deemer, LaDue, <br />Terry, and Wivoda. Voting No: None. Absent: None. <br /> <br />Respectfully submitted, <br /> <br />Rayla Sue Ewald <br />Recording Secretary <br />TimeSaver Off Site Secretarial, Inc. <br /> <br />Syl-via F~lik <br />Zoning Administrator <br /> <br />Public Hearing/Planning Commission/April 7, 1998 <br /> Page 2 of 2 <br /> <br /> <br />