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Of <br />ver <br />City of Elk River City CouncU <br />Resolution 16 - 84 <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 />yard; <br />NATUREJ <br />