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Motion carried. Voting Yes: Chairperson Nixt, Board Members Kociscak, Reeve, Dempsey, Griffiths, and Wivoda. Voting No: None. PUBLIC HEARINGS/BOARD BUSINESS Case #1: Request for a Variance to Structure Setback from Ordinary High Water Mark of Mississippi River; Case of Harold and Nancy Boyum Chairperson Nixt closed the regular portion of the Board of Adjustment meeting at 7:07 p.m. in order to conduct the public hearing. Public Hearing Chairperson Nixt called the public hearing to order at 7:07 p.m. Presentation Community Development Director Frolik stated that Harold and Nancy Boyum are proposing to construct a home on Lot 30 in Bowers Mississippi Acres. The home would have a structure setback from the ordinary high water mark similar to that of the existing homes on the two adjacent parcels, Lots 31 and 29. The property is in the Wild and Scenic and Critical River Overlay districts. The subject property was platted in 1948, and has a lot width that ranges from 80~100 feet and is approximately .8 acres in size. Under today's standards, the structure setback from the ordinary high water mark is 35 feet from the bluff line or 200 feet from the ordinary high water mark, whichever is greater. The proposed house would be located 120 feet from the ordinary high water mark and the setback from bluff ranges from 29 to 37 feet. The Scenic River and the Shoreland rules provide for a setback from the river similar to that pattern established by adjacent structures. Staff doesn't know if that same provision was excluded from the Critical River regulations inadvertently or intentionally. This property may be familiar to most of the Planning Board Members. In 1999, Harold Boyum applied for a variance to build a home on the subject property. At that time, Mr. Boyum's variance requested was three pointed because he also owned Lot 31 and was subject to the dual ownership rule under Critical River regulations. The Critical River regulations state that if someone owns two lots and the lots are substandard under current regulations as far as 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 is 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. Board of Adjustment/September 5, 2000 Page 2 of 8