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Motion Carried. Voting Yes: Chairperson Van Scoy, Board Members Levine, Dunaway, Brauer, Cleveland and Hunt. Voting No: None. Absent: Board Member Rogers. PUBLIC HEARINGS/BOARD BUSINESS Case #1: Public Hearing - Request for a Variance to Construct a Detached Accessory Building Nearer the Front Property Line than the Principal Structure at 5161156th Lane Public Hearin2 Chairperson Van Scoy called the public hearing to order at 7:04 p.m. Presentation Associate Planner Gladhill Presented the Staff Report. Letters Associate Planner Gladhill received after the agenda was completed are herein attached to these minutes. Citizen Input Mark Hilliard, 5161 156th Lane NW, the applicant, acknowledged that he started without a permit or variance; however, he contacted three council members to discuss what it might take for the variance process. He estimated the cost to be $3,000. He stated that if the structure is located where staff is recommending, a well truck would not be able to get in to replace the well. Due to the fact that the well is in that area and there is a septic on the west, a drain field on the south and a driveway and neighbor on the east, where it is really is the only place it could go. The other issue is that there is a low spot with standing water next to the well casing. He stated the city's alternate location puts him in a very hard spot. Mr. Hilliard handed out letters of support from neighbors. Chairperson VanScoy questioned if the contour map is accurate. Associate Planner. Gladhill stated it is generalized lines based off of aerial photos, they are not survey accurate. This is the best data we have available. The applicant can give us more accurate information and we can review it at that point. Board Member Hunt asked if the lines were drawn before the house was built. Associate Planner Gladhill stated the lines were drawn in 2005. Discussion ensued regarding the contours, fill and other alternatives that were looked at for the structure. The site chosen was the one that affected the least amount of trees. Board Member Cleveland stated she would like an explanation as to why the applicant went forward with building the shed without a permit or variance, when he was informed that he needed both. Mr. Hilliard explained that he looked at the cost, what it would take to do an alternative location and removal of trees, neighbors trying to sell a house and it made no sense. He called a couple Board of Adjustment/December 3, 2009 Page 2 of 4