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Commissioner Brauer introduced the following resolution and moved for its adoption: <br />RESOLUTION #16-05-105 <br />RESOLUTION ADOPTING FINDINGS OF FACT #0936 RELATING TO A REQUEST <br />FROM GREGORY AND RACHELLE BINFET FOR A VARIANCE TO CONSTRUCT A <br />DETACHED ACCESSORY BUILDING WITHIN THE ORDINARY HIGH WATER <br />LEVEL SETBACK, NEARER THE FRONT LOT LINE THAN THE HOME AND TO <br />CONSTRUCT A SECOND DRIVEWAY. <br />WHEREAS, Gregory and Rachelle Binfet, hereinafter referred to as "Applicants," have <br />properly applied for a variance from Sections 117-225 (Shoreland Overlay District development <br />standards) and 117-111 (R-1 Residential District) of the Ramsey City Code to construct a detached <br />accessory building within the established Ordinary High Water setback as well as nearer the front <br />lot line than the home, and to construct a second driveway on the property generally known as <br />14301 Neon Street NW and legally described as follows: <br />Lot 2, Block 1, Chestnut Woods. <br />(the "Subject Property"). <br />NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE <br />CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: <br />1. That the Applicant submitted an application for a variance on May 4, 2016. <br />2. That the Applicant appeared before the Planning Commission for a public hearing pursuant <br />to Section 117-53 of the Ramsey City Code on June 2, 2016 and that said public hearing <br />was properly advertised, and that the minutes of said public hearing are hereby <br />incorporated as a part of these findings by reference. <br />3. That the Subject Property is zoned R-1 Residential (MUSA) and is approximately 1.04 <br />acres in size. <br />4. That the Subject Property is surrounded by properties also zoned R-1 Residential (MUSA). <br />5. That the Subject Property has unique characteristics, such as irregularity of shape and <br />terrain, which prevent the Applicant from building the accessory structure without the <br />issuance of a variance <br />6. That the Subject Property is located within the Shoreland Overlay District and abuts <br />Ramsey Terrace Pond, which is classified as a General Development Lake by the DNR and <br />per City Code Section 117-224 (Shoreland classification system and land use districts; <br />shoreland management). <br />7. That Section 117-225 (Shoreland Overlay District development standards) (f)(1) a. of City <br />Code establishes a minimum building setback of fifty (50) feet from the Ordinary High <br />Water (OHW) level of the lake. <br />