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Motion carried. Voting Yes: Chairperson Nixt, Board Members Johnson, Watson, Kociscak, Reeves, and Sweet. Voting No: None. The public hearing closed at 7:03 p.m. Board Business Chairperson Nixt called the Board of Adjustment meeting back to order at 7:03 p.m. Motion by Board Member Johnson, seconded by Board Member Kociscak, to adopt Resolution #01-06- adopting Findings of Fact # relating to Karl and Beth Virkus's request for a variance to encroach five feet into the rear yard setback on the property located at 16940 Azurite Street and to approve Karl and Beth Virkus's request for a variance on the property located at 16940 Azurite Street, based on the findings of fact, and adopt Resolution #01-06- declaring terms of the variance. Motion carried. Voting Yes: Chairperson Nixt, Board Members Johnson, Kociscak, Reeves, Sweet, and Watson. Voting No: None. Case #2: Request for a Variance to the Side Yard and Septic System Setback Requirements; Case of John and Kathleen Dehen Chairperson Nixt closed the regular portion of the Board of Adjustment meeting at 7:05 p.m. in order to conduct the public hearing. Public Hearing Chairperson Nixt called the public hearing to order at 7:05 p.m. Presentation Community Development Director Frolik stated that John and Kathleen Dehen have applied for a variance to encroach the side yard setback in order to construct a new attached garage and a variance to the minimum separation between a septic tank and building in order to replace their non-conforming system on the property located at 14806 Bowers Drive NW. The Dehen's would like to remodel their home to convert their existing attached garage into a family room, expand their front foyer, raze the detached, single car garage and add a new attached garage. They have a very narrow lot on Bowers Drive with a sharp increase in topography on the north and sharp decline in topography on the south. The new attached garage would encroach on the adjacent parcel to the north, 4 feet at the most intense point of encroachment. The neighbors (Millers) are willing to sell the Dehen's, through an administrative subdivision approved at the City Staff level, the portion of property necessary to facilitate the encroachment. However, the Millers only want to sell the Dehen's the minimum amount of property necessary to facilitate the footprint of the garage; they are not willing to sell the Dehen's additional property to provide for Board of Adjustment/June 5, 2001 Page 3 of 11