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PUBLIC HEARINGS/BOARD BUSINESS Case #1: Public Hearing - Request for a Variance to Rear Yard Setback in the R -1 Residential (MUSA) District at 5971 143 Circle NW; Case of Dale and Sharon Grundberg Public Hearin¢ Chairperson Van Scoy called the public hearing to order at 7:04 p.m. Presentation Planning Manager Miller presented the Staff Report, Citizen Input Commissioner Brauer asked whether there was a building permit on any of the work that was done. Planning Manager Millet stated there was not. She explained that the Building Official went to the site to do a siding inspection on the house, noticed the porch and gave a stop order for the work being done on the porch. She stated that a screened porch is an allowable encroachment; however an enclosed porch is not an allowable encroachment. Dale and Sharon Grundberg, 5971 143` Circle, the applicants, stated they bought the house 11 years ago and it had a screened porch at the time. They stated they did not know they needed a building permit to enclose it, they did know they needed a permit for the siding of the house. Discussion ensued regarding the porch and the definition of the encroachment. Planning Manager Miller stated there is a 30 foot rear yard setback. Board Member Brauer explained the Supreme Court ruling and how that makes it difficult to approve variances. He continued there is very little room to maneuver. City Engineer Himmer stated the process of purchasing the land behind them which is dedicated as park would have to be researched. He continued there are drainage and utility easements to consider and this would not give them anymore usable space, however, it would help them to make the setback requirements. Board Member Brauer asked when the City took possession of the land behind the house. City Engineer Himmer responded it was part of the plat when it was platted. Motion by Board Levine, seconded by Chairperson Van Scoy, to close the public hearing. Board of Adjustment/November 4, 2010 Page 2 of 4