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<br />Further Discussion: Mr. Hanson noted that the proposed layout Mr. JOhn <br />Stine reviewed and stated no objection to was using the 103 foot setback. <br />Mrs. Gary Martinson was present and noted she sent a letter to the Planning <br />Commission requesting that the setback for this property be the same as <br />hers, 127 feet. Commissioner Terry noted that measuring from the deck, the <br />Martinson home is 107 feet from the river. Mrs. Martinson noted that it is <br />home, not deck, in the Hanson case that would be 103 feet from the river. <br /> <br />Motion failed. Voting Yes: Commissioners LaDue, Hendriksen and Terry. <br />Voting No: Chairman Shumway, Commissioners Howell and Zimmerman. Absent: <br />Commissioner Holm. <br /> <br />Motion by Commissioner Ladue and seconded by Commissioner Zimmerman to <br />amend Item #1 of the proposed variance to read as follows: 'The structure, <br />including any deck or addition, shall not encroach on the Rum River by more <br />than 110 feet.' <br /> <br />Motion carried. Voting Yes: Chairman Shumway, Commissioners Howell, <br />Zimmerman, LaDue, Hendriksen and Terry. Voting No: None. Absent: <br />Commissioner Holm. <br /> <br />Motion by Commissioner Howell and seconded by Commissioner LaDue to add <br />Item #3 to the proposed variance to read as follows: 'That no grading, <br />landscapting, cutting or mowing of brush or trees occur waterward of the <br />rear of the house.' <br /> <br />Motion carried. Voting Yes: Chairman Shumway, Commissioners Howell, <br />Zimmerman, LaDue, Hendriksen and Terry. Voting No: None. Absent: <br />Commissioner Holm. <br /> <br />Motion by Commissioner Howell and seconded by Commissioner Terry to approve <br />Mr. Dean Hanson's request for a variance, as amended. <br /> <br />Motion carried. Voting Yes: Chairman Shumway, Commissioners Howell, <br />Zimmerman, LaDue and Terry. Voting No: Commissioner Hendriksen. Absent: <br />Commissioner Holm. <br /> <br />Commissioner LaDue stated that his 'yes' vote is on the basis that he is in <br />favor of granting the variance; he does not agree with the Board dealing <br />with this case in an inconsistent manner according to past policy to find <br />the middle ground on these types of requests. <br /> <br />Commissioner Hendriksen stated that his 'no' vote was based on the fact <br />that he disagrees with the Board inconsistent manner in determining an <br />appropriate setback in this case. <br /> <br />BOARD INPUT <br /> <br />Motion by Commissioner Howell and seconded by Commissioner Terry to direct <br />the City Attorney to advise Mr. Doyle that unless he complies with his <br />variance for a sign, action will be taken to revoke the variance. <br /> <br />Board of Adjustment/July 13, 1988 <br /> <br />Page 2 of 3 <br />