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Motion by Board Member Thorud and seconded by Board Member LaDue to amend #10 to read "That such variance is necessary for the preservation of a substantial property right similar to that possessed by other properties in the R-1 Rural Residential District." Further Discussion: Board Member Terry stated that the applicant could put in a cul-de-sac at the end of Osmium, and Ms. Frolik stated that putting in a cul-de-sac would require bituminous paving to bring it Up'to City Code. Chairperson Hendriksen stated the Board needs to find a hardship for the request. Motion failed. Voting Yes: Board Members Thorud, LaDue and Bawden. Voting No: Chairperson Hendriksen, Board Members Deemer and Terry. Absent: Board Member Holland. Chairperson Hendriksen stated that it's obvious the City desires to continue the trail corridor in this area but inquired whether the City has the right to take park dedication in the process of a variance that will result in a subdivision. Ms. Frolik explained that in the past the City has not received park dedication with metes and bounds subdivisions. Board Member LaDue reminded the Board that this variance request is not a subdivision of property. He .stated that the question before the Board is whether the applicant can make this parcel buildable with the variance. He added that the hardship is a State Highway on one side of the property, a County ditch on another side, and a stub street. He reminded the Board that the applicant is not developing the property but only trying to build a single house on it. Chairperson Hendriksen stated the applicant is capable of improving the stub street into a cul-de- sac and that his only hardship is the economics of doing so. Motion by Chairperson Hendriksen and seconded by Board Member Deemer to table any action until verification of the following: 1) Recommendation from the Parks Department as to what they would like to do for park dedication if they have the opportunity. 2) Opinion from the City Attorney as to whether the City has the right to park dedication in this particular matter. Amendment by Board Member Deemer and seconded by Board Member Terry to also verify: 3) Opinion fromthe City Attorney as to whether a variance is needed if the applicant has the required frontage on State Highway #47 but wants to access Osmium Street, on which he does not have the minimum frontage. Further Discussion: Board Member Terry stated he believed that if the applicant has the required 200 feet of frontage on State Highway #47, then the variance is not needed to access onto the Osmium stub. Amendment carried. Voting Yes: Chairperson Hendriksen, Board Members Deemer, Terry and Thomd. Voting No: Board Members Bawden and LaDue. Absent: Board Member Holland. Motion carded. Voting Yes: Chairperson Hendriksen, Board Members Deemer, Terry and Thomd. Voting No: Board Members Bawden and LaDue. Absent: Board Member Holland. BOARD INPUT None Board of Adjustment/August 19, 1993 Page 3 of 4