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the 10 foot side yard setback. They plan to grant an easement to the Dehen's to trespass onto their property when it is necessary to do so in order to conduct maintenance activities on the north wall or roof of the garage. Therefore, the Dehen's need a variance for a zero setback on the north side yard. The nearest structure on the Miller property is a detached garage that is approximately 23 feet away from the Dehen's proposed new garage. The Dehen~s septic system is not in conformance with current standards. It is also located less than 75 feet from the ordinary high water mark and this is in violation of the Mississippi Critical River standards. The Dehen's would like to abandon this system and build a new one between the house and road. The new septic tank must be 50 feet from the water well. In order to meet this requirement, a 5 foot variance to the 10 foot setback from buildings is necessary. It is noted that the septic tank will be near that part of the house proposed to be converted from garage to family room; there is no basement or habitable space under the new family room. City staff recommended approval of the variance request. Citizen Input There was none. Motion by Board Member Kociscak, seconded by Board Member Johnson, to close the public hearing. Motion carried. Voting Yes: Chairperson Nixt, Board Members Kociscak, Johnson, Reeves, Sweet, and Watson. Voting No: None. The public hearing closed at 7:05 p.m. Board Business Chairperson Nixt called the Board of Adjustment meeting back to order at 7:05 p.m. Motion by Board Member Johnson, seconded by Board Member Watson, to adopt Resolution #01-06-__ adopting Findings of Fact # relating to John and Kathleen Dehen's request for a variance to the side yard and septic system setback requirements on the property located at 14806 Bowers Drive and to approve John and Kathleen Dehen's request for a variance to the side yard and septic system setback requirements on the property located at 14806 Bowers Drive, based on the findings of fact, and adopt Resolution #01-06- declaring terms of the variance. Further discussion: Board Member Reeves stated that he had a difficult time seeing the hardship. Community Development Director Frolik replied that the lot is very narrow and the width is very restricted. Chairperson Nixt inquired if the property being acquired from the property owner to the northwest would cover the foundation only or would it include the overhang. John Dehen, 14806 Bowers Drive NW, Ramsey, replied that the additional land will cover the overhang and noted that the neighbors have agreed to a maintenance easement for that particular structure. Board of Adjustment/June 5, 2001 Page 4 of 11