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City of <br /> Elk <br /> River <br /> City of Elk River City Council <br /> Resolution 16 - <br /> A Resolution Making Findings of Fact and Denying the Variance Application <br /> Submitted by Mike Reger and Rosie Menth Reger to Allow a Deck to <br /> Encroach 4 Feet into the Required 10 Foot Side Yard Setback <br /> WHEREAS, Mike Reger and Rosie Menth Reger ("Applicant"),who reside at 19538 <br /> Albany Street NW, Elk River,MN 55330,has applied ("Application") for a variance allowing <br /> a deck to encroach 4 feet into the required 10 foot side yard setback on the property (Case <br /> No. V 16-13); and <br /> WHEREAS, the record in this matter shall include all of the materials submitted to the <br /> Board of Adjustments and City Council in connection with the September 26, 2016, <br /> Application,including the staff reports and all attachments thereto, all other written <br /> materials submitted to the Board of Adjustments and City Council, and all staff <br /> presentations and other testimony taken at the public meetings considering the Application, <br /> all of which is incorporated and made a part of the findings of fact and this Resolution; and <br /> WHEREAS, the Board of Adjustments held a public hearing on October 25, 2016, to <br /> receive testimony and evidence from city staff, the Applicant and any other persons <br /> regarding the Variance Application; and <br /> WHEREAS, the Board of Adjustments denied the Application,resulting in an automatic <br /> appeal to the City Council; and <br /> WHEREAS, the City Council held a public hearing on November 21, 2016, to receive <br /> testimony and evidence from city staff, the Applicant and any other persons regarding <br /> whether the Application should be approved; and <br /> WHEREAS, the Applicant and all others wishing to speak were given the opportunity to <br /> present testimony to the Board of Adjustments and City Council; and <br /> WHEREAS, the City Council, at the conclusion of its November 21, 2016,public hearing <br /> on the Application, directed that a resolution of denial of the Application be prepared for <br /> City Council consideration. <br /> NOW, THEREFORE, the City Council of the City of Elk River makes the following <br /> Findings of Fact and Decision with respect to the Application by Mike Reger and Rosie <br /> Menth Reger for a variance allowing a deck to encroach 4 feet into the required 10 foot side <br /> NATUREJ <br />