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Motion by Commissioner Bawden and seconded by Commissioner Deemer to delete Item ~10 from the proposed findings of fact indicating that an easement across 10-32-25-44-0009 would provide 66 feet of frontage on a public street. Motion carried. Voting Yes: Chairman Hendriksen, Commissioners Thorud, Deemer, Terry, Bawden and Zimmerman. Voting No: None. Absent: Commissioner LaDue. Chairman Hendriksen stated that if the variance is granted, he feels Mr. Peterson would be granted a special privilege because Mr. Peterson has the option to petition the City for an improved road into P.I.N. 10-32-25-44-0021. However, it is not economically feasible for him to do so and variances should not be granted on financial hardship considerations. Ms. Frolik noted that it is not economically feasible to construct a road to access 10-32-25-44-0021 at this time because of 4 in 40 density zoning; 4 in 40 density zoning is creating the hardship and preventing Mr. Peterson reasonable use of a ten acre parcel. Ms. Frolik also noted that in Commissioner Deemer's scenario, if Mr. Peterson were to purchase 10-32-25-44-0009 and combine it with 10-32-25-44-0021, he could do so at the County with no City approval and the City would not be entitled to park dedication and would not be able to require dedication of an easement for future road right-of-way. Commissioner Terry stated that it is inappropriate to discuss alternatives for Mr. Peterson that involve acquisition of 10-32-25-44-0009 because the City Council has akeady made a decision not sell it to Mr. Peterson. It was noted in the discussion that followed that the City has granted similar variances in the past. Commissioner Hendriksen noted that the similar cases in the past did not involve an easement across publicly owned property. Commissioner Hendriksen reiterated his concern that granting a variance on what he feels is a financial hardship consideration will set a precedent. Motion by Commissioner Bawden and seconded by Commissioner Terry to adopt Findings of Fact #0275 relating to Mr. Daryl Peterson's request for a variance from street frontage requirements. Motion carded. Voting Yes: Commissioners Thorud, Deemer, Terry, Bawden and Zimmerman. Voting No: Chairman Hendriksen. Absent: Commissioner LaDue. The Board proceeded to review the proposed variance. Motion by Commissioner Zimmerman and seconded by Commissioner Bawden to amend Item #5 of the proposed variance to clarify that the structure proposed to be developed on the property will be provided access to a public road at the expense of the property owner at the time the property is replatted to a higher density. Motion carried. Voting Yes: Chairman Hendriksen, Commissioners Zimmerman, Bawden, Terry, Deemer and Thorud. Voting No: None. Absent: Commissioner LaDue. Motion by Commissioner Terry and seconded by Commissioner Deemer to amend Item #1 of the proposed variance to indicate that no further building permits will be issued until the subject property is replatted to a higher density. Motion carried. Voting Yes: Chairman Hendriksen, Commissioners Terry, Deemer, Bawden, Thorud and Zimmerman. Voting No: None. Absent: Commissioner LaDue. Board of Adjustment / July 26, 1990 Page 3 of 4