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APPROVAL OF AGENDA <br /> <br />Motion by Board Member Kociscak and seconded by Board Member Wivoda to approve the <br />agenda as presented. <br /> <br />Motion carried. Voting Yes: A&ing Chairperson Nixt, Board Members Kociscak, Wivoda, <br />Dempsey, and Johnson, Voting No: None. Absent: Chairperson Anderson. <br /> <br />APPROVAL OF MINUTES <br /> <br />Motion by Board Member Dempsey and seconded by Board Member Kociscak to approve the <br />following minutes: <br /> <br />1) Board of Adjustment public hearing and regular meeting minutes dated April 4, 2000 <br /> <br />2) Board of Adjustment public hearing and special meeting minutes dated April 18, 2000 <br /> <br />Motion carried. Voting Yes: .-Ak, ting Chairperson Nixt, Board Members Dempsey, Kociscak, <br />Johnson, and Wivoda. Voting No: None. Absent: Chairperson Anderson. <br /> <br />BOARD BUSINESS: <br /> <br />Case #1: <br /> <br />Request for a Variance to Mississippi River Setback; Case of James & Kathy <br />Weidenbaeh <br /> <br /> ng Chairperson Nixt closed the regular portion of the Board of Adjustment meeting at 7:09 <br />p.m. <br /> <br />Public Hearin~ <br />,~m5 Chairperson Nixt called the public hearing t° order at 7:11p.m. <br /> <br />Presentation <br /> <br />City planner Rasmussen explained that James and Kathy Weidenbach have submitted a request <br />for variance to the Mississippi River setback requirements at 14230 Bowers Dr. NW. Mr. and <br />Mrs. Weidenbach are proposing to remodel and construct an addition to their home. The parcel <br />is approximately 1.29 acres in size, is zoned R-1R and is located within the Critical River <br />Overlay district. The minimum river setback without public sewer is 35 feet from the bluff line <br />or 200 feet from the ordinary high water (OHW) mark, whichever is greater. The principal <br />structure is 100 feet from the OHW mark. The proposed addition would also be 100' feet from <br />the OHW mark. The property was platted and the house was built in 1975. The existing zoning <br />ordinance regarding the river setbacks became relevant in 1985, which renders this property <br />lawful, non-conforming. Therefore, any addition on the structure would require a variance. The <br />development on the property is far below the maximum lot coverage of 30%. Strict enforcement <br />of the City's code presents a hardship on this property as it relates to the applicant's right to <br /> <br />Board of Adjustment/May 2, 2000 <br /> Page 2 of 4 <br /> <br /> <br />