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Motion carried. Voting Yes: Vice Chairperson Van Scoy, Board Members Johnson, Brauer, and Levine. Voting No: None. Absent: Chairperson Nixt, Board Members Shepherd and Watson. Case #2: Request for a Variance to Density Calculation; Case of Ben Deemer Presentation Assistant Community Development Director Frolik advised that Mr. Ben Deemer is requesting a variance to how the City calculates maximum density on his parcel located on t4544 Nowthen Blvd (CSA[-I 5). She explained the subject property is zoned R-2 Medium Density Residential, which allows for up to 7 units per net acre. She stated while there is no definition of net density contained specifically in City Code, the definitions section states that minimum lot area is calculated minus road right-of-way. She indicated in addition, the Comprehensive Plan and past practice states that net density is calculated as the land area minus wetland area and major right- of-way. She stated that major right-of-way, for the purposes ofdensity.calculations includes State, County, and Metropolitan State Aid roads. Assistant Community Development Director Frolik further explained that Mr. Deemer's parcel is 1.15 acres in size, and consists of a metes and bounds parcel and Outlot E of Wood Pond Hills. She stated the applicant owns fee title to the area subject to the road easement and would like to include this area in the density calculation. She indicated that if this area is included Mr. Deemer would be entitled to eight units, and without it he would be entitled to six units. Public llearing Vice Chairperson Van Scoy opened the meeting to the public at 7:20 p.m. Ben Deemer, 14501 Sunfish Lake Boulevard, thanked the Planning Commission members for serving the city. Fie stated he served on the Planning Commission for 20 years, and knows that the mom bers get little thanks from the citizens of the city. Mr. Deemer provided a brief history On the property, noting that since he owned it the property has been down-zoned from commercial to high-density residential to medium-density residential. He explained that he could not get sewer and water to the property, and had to put in a new septic system, and then suffered a tragedy on the property and lost his residence to a fire. He stated the City has gone through two court actions trying to un-grandfather this property. He indicated he has always thought he had the right to build at least eight units on the property, and only recently found out he cannot. He stated he is looking for the right to use all of the property to calculate density. He indicated in 1997 he thought he had that right, and then the City put a moratorium on the property so he could not develop. He advised that the cost of constructing a structure since 1997 would be a hardship in itself, and it is not financially feasible to build on the property with only six or seven units. Mr. Deemer stated that denial of this variance would force him to remain on the property with his business, and he does not want to do that. Board of Adjustment/June 23, 2005 Page 3 of 8 P3