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Amendment by Cmnissioner LaDue and seconded by Commissioner Deemer to not <br />refer Mr. Jeff Erikson's case to City Council and to request that the City. <br />Attorney provide the Board of Adjustment with a legal opinion regarding <br />whether the Board should apply Residential or B -1 standards and the <br />repercussions associated with each situation. <br />Further Discussion: Commissioner Hendriksen noted that he has seen <br />carriage -house type structures in other communities, Minnetonka for <br />instance, and requested that Ms. Norris research how other communities <br />address situations of 'improved living space' above garages. <br />Amendment carried. Voting Yes: Chairman Zimmerman, Commissioners Howell, <br />Hendriksen, LaDue, Peterson, Shumway and Deemer. Voting No: None. <br />Motion failed. Voting Yes: None. Voting No: Chairman Zimmerman, <br />Commissioners Deemer, Shumway, Peterson,. Hendriksen and LaDue. Abstain: <br />Commissioner Howell. <br />Motion by Commissioner Deemer and seconded by Commissioner Peterson to <br />table Mr. Jeff Erikson's request for a variance until the Board of <br />Adjustment receives the requested report from the City Attorney. <br />Further Discussion: Commissioner Peterson stated that in the meantime, Mr. <br />Erikson should research his alternatives with the Building Inspector and <br />Community Development Director. Commissioner Deemer stated that if Mr. <br />Erikson went with a single story garage, he would only need a setback <br />variance; applying B -1 standards, which includes garage, office and <br />warehouse use, a variance to height would not be required as long as the <br />building remains under 35 feet in height but he would still need a setback <br />variance and the property would be taxed accordingly. <br />Notion carried. Voting Yes: Chairman Zimmerman, Commissioners Peterson, <br />Deemer, Shumway, LaDue, Hendriksen and Howell. Voting No: None. <br />ADJO RU <br />Motion by Commissioner LaDue and seconded by Commissioner Shumway to <br />adjourn the regular Board of Adjustment meeting. <br />Motion carried. Voting Yes: Chairman Zimmerman, Commissioners Deemer, <br />Peterson, Shumway, LaDue, Hendriksen and Howell. Voting No: None. <br />The meeting adjourned at 8:40 p.m. <br />Respectfully submitted, <br />Sylvia Frolik Anne Norris / <br />Secretary Community Development Director <br />Board of Adjustment /Parch 26, 1987 <br />Page 4 of 4 <br />Vol <br />