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Motion carried. Voting Yes: Chairperson Deemer, Board Members LaDue, Hendriksen, Holland, Terry, and Thomd. Voting No: None. Absent: Board Member Bawden. Motion by Board Member LaDue and seconded by Board Member Holland to add a term to read "A building permit should not be granted until certification of approval is received from the Department of Natural Resources or 30 days has lapsed with no response." Motion carried. Voting Yes: Chairperson Deemer, Board Members LaDue, Holland, Hendfiksen, Terry, and Thomd. Voting No: None. Absent: Board MemberBawden. Motion by Board Member Terry and seconded by Board Member Hendriksen to adopt Resolution g94-03-054 approving the issuance of a variance to William Dubats for Lot 3, Block 3, Riverside West, and declaring terms of same, as amended. Motion carded. Voting Yes: Chairperson Deemer, Board Members Terry, Hendriksen, Holland, LaDue, and Thorud. Voting No: None. Absent: Board Member Bawden. BOARD INPUT 1) Total Accessory Space Allotment Pertaining to Non-Contiguous Parcels Motion by Board Member Hendriksen and seconded by Board Member Holland to direct staff to put a case on the Planning Commission's agenda regarding total accessory space allotment as it pertains to non-contiguous parcels of record, and to obtain the City Attorney's opinion as to whether the total accessory space allotment on a non-contiguous parcel should be based on the portion of the lot where the principal structure is located or on all portions making up the parcel of record. Motion carded. Voting Yes: Chairperson Deemer, Board Members Hendriksen, Holland, LaDue, Terry, and Thorud. Voting No: None. Absent: Board MemberBawden. 2) Equal Right of Appeal Board Member Hendriksen was concerned that although an applicant of a denied variance has the right to appeal to City Council, citizens opposing an approved variance have no right of appeal other than the avenue and expense of going to court. He felt those opposing a variance should have a similar right of appeal to the City Council. Board Member Terry commented that the additional fight of appeal could hold the applicant up another 45 days, which could be a problem with a short building season. Board Member LaDue advised that the Board of Adjustment acts only in a legislative or administrative capacity and is not a judicial branch. Motion by Board Member Hendfiksen and seconded by Board Member Terry to direct Staff and legal counsel to investigate the possibility of providing an equal right of appeal to both the applicant and those opposing the granting of a variance. Further Discussion: Chairperson Deemer stated that the reasonableness to grant a variance is the reason why the courts uphold the granting of variances, therefore, he suggested that perhaps the City Council should withdraw the applicant's fight of appeal. Board Member Thorud commented that one could have negative Findings of Fact and still be granted a variance. Board of Adjustment/March 17, 1994 Page 11 of 12