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<br />~ <br /> <br />STATE OF lVIlNNESOTA <br /> <br />RlCE CREEK WATERSHED DISTRlCT <br />BOARD OF .M.ANAGERS <br /> <br />RlCE CREEK WATERSHED DISTRlCT <br />IN THE COUNTIES OF ANOKi\., <br />HENNEPIN, RAMSEY AND <br />WASHINGTON <br /> <br />FINDINGS AND ORDER <br /> <br />In the Matter of Application <br />for Variance of Thomas and Bonnie Spivak <br /> <br />Based upon the record and proceedings in this matter the Rice Creek Watershed District <br />Board of Managers makes the following: <br /> <br />FINDINGS <br /> <br />1. Thomas and Bonnie Spivalc (Applicants) own a single family residence Oh Lot 14, <br />Block 1 of the Eagle Pass development in CenterviIJe, Minnesota. 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 />2. The proposed project would encroach approximately 20 teet into the I OO,toot from: <br />centerlineof Clearwater Creek easement corridor; such drainage and utility easements on the lot <br />were earlier conveyed to the City of CenterviIJe under RCWD Permit 96,104. <br /> <br />3. The District Rules require a I OO,loot 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 />requirement to construct the proposed addition approximately 20 teet within the 100,foot <br />Clearwater Creek easement corridor. <br /> <br />5. District Engineers have advised that rate control and water quality treatment regarding <br />the proposed project will not be an issue since limited new impervious area is being created ,md <br />runoff will remain as overland now to Clearwater Creek. First noor freeboard requirements are <br />also not an issue since the proposed addition is raised to the second noor on stilts. Finally, the <br />District wOllld 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 />standards in its variance policy have been met. <br />