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width and area, then one of the lots shall not be considered buildable. Because Mr. Boyum owned Lot 31 he could not build a home on Lot 30 unless he got a variance to the lot width and area requirements, and he requested a variance to the setback from the river at that time also in order that the home may be on a sight line with the other homes along the River. For personal reasons, Mr. Boyum withdrew his request in 1999. Subsequently, he sold his home on Lot 31 and now he ready to build his new home on Lot 30. Because he no longer owns Lot 31, he is not subject to the dual ownership rule and doesn't require a variance to the lot width and area standards. However, he does need a variance to construct the home at a River setback similar to that of the two adjacent homes. Recommendation: The Scenic River and Shoreland regs have provisions for administrative variances to setbacks from ordinary high water mark in their respective water jurisdictions so that new structures may match the setbacks of adjacent structures. For that reason, Staff recommends approval of this similar situation in the Mississippi Critical River district. For information purposes only, similar variances have been granted in the past. Board Action: Motion to adopt Resolution #00-09- adopting Findings of Fact # relating to Harold and Nancy Boyum's request for a variance to Section 9.21.07 of the l~amsey City Code regarding lot area, lot width and structure setback from the Mississippi River. Motion to approve Harold and Nancy Boyum's request for a variance on Lot 30, Bowers Mississippi Acres, based on the findings of fact and adopt Resolution #00-09- declaring terms of same. -or~ Motion to deny Harold and Nancy Boyum's request for a variance on Lot 30, Bowers Mississippi Acres, based on the findings of fact. Review Checklist: Building Official City Attorney DNR BoA: 09/05/00