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2) Board of Adjustment regular meeting minutes dated July 26, 1990 with the following correction: A final paragraph should be added at the end of Case #1 on page 4 to indicate that Chairman Hendriksen was opposed to the granting of a variance to Mr. Daryl Peterson because there were legal alternatives for providing frontage on a public road and the only circumstance leading to the application for the variance was a fmancial issue. Motion carried. Voting Yes: Chairman Hendriksen, Commissioners LaDue, Deemer, Zimmerman, Thorud, Bawden and Terry. Voting No: None. BOARD OF ADJUSTMENT BUSINESS Case #1: Request for a variance to construct an accessory structure nearer the front property line than the principal structure; case of Jack Mowry. Sylvia Frolik stated that Jack Mowry is requesting a variance to construct an accessory structure nearer the front property line than the principal structure at 16361 Dysprosium Street N.W. Mr. Mowry is restricted from building an accessory in his rear yard because if he adheres to septic system setback requirements, he will be encroaching on the Rum River setback. Mr. Mowry is restricted from building his accessory structure in the side yard because to do so would require significantly altering the topography of the lot by the addition of fill material and the removal of a significant number of mature trees. The Commission proceeded to review the proposed Findings of Fact. Item gO should be corrected to indicate that the zoning of the subject property is R-1 Rural Residential. Motion by Commissioner Deemer and seconded by Commissioner LaDue to add Item #15 to the proposed Findings of Fact indicating that neighboring properties have been granted similar variances. Motion carried. Voting Yes: Chairman Hendriksen, Commissioners LaDue, Deemer, Zimmerman, Thorud, Bawden and Terry. Voting No: None. Motion by ,,Commissioner Deemer and seconded by Commissioner Thorud to adopt Findings of Fact #0277Vrelating to Mr. Jack Mowry's request for a variance to construct an accessory structure nearer the front property line that the principal structure. Motion carried. Voting Yes: Chairman Hendriksen, Commissioners LaDue, Deemer, Zimmerman, Thorud, Bawden and Terry. Voting No: None. The Commission proceeded to review the proposed variance and Mr. Mowry stated that his estimate to construct the building 90 feet from the front property line was an estimate and he would feel more comfortable if the variance was granted with an 80 foot setback. Motion by Commissioner Deemer and seconded by Commissioner LaDue to amend Item #1 of the proposed variance to require a minimum setback of eighty (80) feet from the property line. Motion carried. Voting Yes: Chairman Hendriksen, Commissioners LaDue, Deemer, Zimmerman, Thorud, Bawden and Terry. Voting No: None. Motion by Commissioner Deemer and seconded by Commissioner Terry to add Item #2 to the proposed variance to require that the accessory building will be constructed with materials identical to the house. Board of Adjustment/August 23, 1990 Page 3 of 5