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Minnesota Department of Natural Resources The Minnesota Department of Natural Resources has reviewed the plans and has no issues with the variance request as proposed. Rice Creek Watershed District The Rice Creek Watershed District has reviewed the plans and has no issues with the variance request as proposed. RCWD has indicated a permit will not be required based on the proposed description and the Applicants shall be required to submit a Notice of Intent for the project. Ramsey County Public Works The Ramsey County Public Work Department has reviewed the plans and has no issues with the variance request as proposed. Findings of Fact The City Council must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: General Findings: 1. City Staff received a land use application for a variance request to the required R-1 Zoning District front yard setback at the Subject Property 1861 Highway 96 W. 2. The Subject Property is a nonconforming lot of record attributed to State and County right- of-way acquisitions for highway purposes that resulted in a front yard setback encroachment of 25.05 feet and does not comply with the minimum R-1 district standards of 40 feet. 3. The proposed redevelopment would bring the Subject Property closer to conformance with the R-1 district standards and reduces the front yard setback encroachment at 28.92 feet. 4. The proposed single-family dwelling would not require a side yard, rear yard, or Shoreland setback variance. 5. The proposed single-family dwelling on the Subject Property would conform to all other requirements and standards of the R-1 Zoning District. Variance Findings: 6. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 7. The variance would be consistent with the City's Comprehensive Plan because it meets the City's housing goal of encouraging redevelopment that is complimentary to and enhances the character of the City's established neighborhoods. 8. A single-family dwelling is a permitted use within the R-1 Zoning District. 9. A single-family dwelling is a reasonable use of the property that would not be allowed under the rules of the Zoning Code without the requested variance. 10. The nonconforming front yard setback for the R-1 Zoning District is a unique circumstance that is attributed to acquisitions of additional highway right-of-way by the State and County. 11. The proposed single-family dwelling would not alter the essential character of the neighborhood because the configuration of development on the Subject Property would be consistent and compatible with the neighborhood. 12. The variance request is not based on economic considerations alone. Page 7 of 9