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Since the adoption of the new rules in t 985, several homes have been developed on lots along Bowers Drive that are substandard by today's standards, but most of them were not duo- ownership situations so no variance was required. Likewise, several homes have been constructed along the river with setbacks from the ordinary high water mark in line with adjacent structure setbacks versus today's 200 foot setback. In 1997, the Board granted a variance in a case nearly identical to Mr. Boyurn's case. Currently, there are about six (6) cases of duo- ownership lots on Bowers Drive. The Scenic River and the Shoreland rules provide for a setback from the river similar to that pattern established by adjacent structures. Staff doesn't know if that same provision was excluded from the Critical River regs inadvertently or intentionally. The Board conducted a public hearing on February 1 and there were several residents from Bowers Drive preseat in opposition to the variance and 1 resident supported the request. As a result of the hearing and the Board discussion, action on the request was tabled. Staff was directed to obtain additional information from the City Attorney, amend the proposed findings of fact per the Boards discussion, and work with. Mr. Boyum and the adjacent neighbors, Itl and Carol Larsen, to negotiate an acceptable s6iution for both parties. Mr. Boyum modified his house plan to reduce the footprint of the home. This will result in the structure being 21 feet from the common property line with the Larsens, except for a 4 foot section of garage which would remain 10 feet from the property line. The Larsen home is about 12 feet from the property line. Therefore, except for a 4 foot section of garage, there would be a 33 foot rather than a 22 foot separation between the two homes. This information was brought to the Larsens and they did not fred the modification acceptable. Staff offered to recommend that the house also be moved away from the river another 5 feet so there would be a 33 foot separation between the two homes for the entire length of the Boyum house and the Larsens did not find that acceptable either. Thc Larsens also have a concern that Mr. Boyum's proposal to build a walkout rambler will require disturbance of the bluff line. Staff informed the Larsens that if the walkout style does require alteration of the bluff line, Mr. Boyum will be required to apply for an Environmental Permit that would also have to be certified by DNR. As a follow-up to Staffs meeting with the Larsens, the Building Official was directed to inspect the lot and verify where the bluff line is and whether or not construction of a walkout rambler would disturb the bluff. It was determined that a walkout rambler would require alteration of the bluff line. Staff then informed Mr. Boyum he either needs to change the house style or get an Environmental Permit. Mr. Boyum has indicated that he is changing the house style from a walkout rambler to a split entry and no disturbance of the bluff line will be required. Mr. Boyum is currently out of the State and at the date of this writing Staff does not know how far the split entry will be from the Larsen property line. However, we do know that it has to be at least 10 feet to comply with City Code. Mr. Boyum has been advised to try and have his site plan amended for a split entry prior to the Board meeting. However, that may not be possible given the fact that a decision to switch to a split entry has been made with just 2 business days remaining prior to the meeting.