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Board Member Johnson introduced the following resolution and moved for its adoption: RESOLUTION #02-02-024 A RESOLUTION ADOPTING FINDINGS OF FACT #0598 RELATING TO FRANCIS AND BARBARA KLABOUGH'S REQUEST FOR A VARIANCE FROM MISSISSIPPI RIVER SETBACK REQUIREMENTS WHEREAS, Francis and Barbara Klabough hereinafter referred to as "Applicants", have properly applied for a Board of Adjustment variance from Section 9.21.07 of the Ramsey City Code on the property generally known as 14660 Bowers Drive and legally described as follows: Lot 12, Block 1, Bower's Mississippi Acres, Anoka County, Minnesota (the "Subject Property") NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: That the Applicants appeared before the Board of Adjustment for a public hearing pursuant to Section 9.03.05 of the Ramsey City Code on February 7, 2002, and that said public hearing was properly advertised and that the minutes of said public hearing are hereby incorporated as a part of these findings by reference. 2. That the Subject Property is zoned R-1 Rural Residential and is approximately .78 acres in size. 3. That the surrounding parcels are also zoned R-1 Rural Residential. 4. That the Subject property is within the Scenic River Overlay District and is governed by Chapter 9.23 of the City Code. 5. That the Subject property is within the Critical River Overlay District and is governed by Chapter 9.21.07 of the City Code. 6. That Section 9.21.07, Subd. 1.a of the Ramsey City Code, requires a 35 foot setback from bluff line or a 200 foot setback from ordinary high water mark, whichever is greater. o That the Applicant is requesting a 50 foot variance to the 200 foot ordinary high water mark setback requirement in order to construct a residence no closer than 150 feet from the Ordinary High Water mark. That the home developed on the adjacent property to the north (14670 Bowers Drive) was constructed in 1985 and is approximately 145 feet from the Ordinary High Water Mark of the Mississippi River.