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<br />STATE OF l'vllNNESOTA <br /> <br />RICE CREEK WATERSHED DISTRICT <br />BOARD OF MANAGERS <br /> <br />RICE CREEK WATERSHED DISTRICT <br />IN THE COUNTIES OF ANOKA.., <br />HENNEPIN, RAMSEY Al\TD <br />WASHINGTON <br /> <br />FINDINGS AND ORDER <br /> <br />In the Matter of Application <br />for Variance of Thomas and Bonnie Spivak <br /> <br />Baseri upon the record and proceedings in this matter the Rice Creek Watershed District <br />Board of Managers malces the following: <br /> <br />FINDINGS <br /> <br />I. Thomas and BOll11ie Spivak (Applicants) own a single family residence on Lot 14, <br />Block I of the Eagle Pass development in Centerville, Mill11esota. Applicants propose to <br />construct an addition to their single family residence which would include a 280 SF sunroom and <br />112 SF deck. The proposed addition would be built on stilts off the northeast comer of the <br />dwelling. <br /> <br />') The proposed project would encroach approximately 20 feet into the 100"foot fronl . <br />centerline of Clearwater Creek easement conidor; such drainage and utility easements on the lot <br />were earlier conveyed to the City ofCenterville lmder RCWD Permit 96-104. <br /> <br />J. The District Rules require a 100-foot easement or set-back from the centerline of <br />Clearwater Creek. <br /> <br />4. Applicants now request a variance from the District's 100.foot easement set-back <br />requiremem to construct the proposed addition approximately 20 feet within the IOO-foot <br />Clearwater Creek easement coni dOL <br /> <br />5. District Engineers have advised that rate contra! and water quality treatment regarding <br />the proposed project will not be an issue since limited new impervious area is being created and <br />runoff will remain as overland flow to Clearwater Creek. First floor freeboard requirements are <br />also not an issue since the proposed addition is raised to the second Hoar on stilts. Finally, the <br />District would have adequate access for ditch maintenance of Clearwater Creek with the <br />proposed 20- foot easement encroachment. <br /> <br />6. In order to grant a variance the District Board of Managers must determine the <br />staIHlards in its variance policy have been met <br />