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PUBLIC HEARINGS/BOARD BUSINESS Case #1: Request for a Variance to Construct an Accessory Building Nearer the Front Property Line than the Principal Building; Case of Lynn & Jennifer Bakken Public Hearim~ Chairperson Nixt called the public hearing to order at 7:04 p.m. Presentation Community Development Director Frolik explained that Mr. and Mrs. Bakken have applied for a variance to construct an accessory building nearer the front property line than the principal building on the property located at 6328 Riverdale Drive NW. Ms. Frolik advised the subject property is just over a half acre in size and thus, City Code requires any detached accessory building to be constructed in the side or rear yard. However, the property, which abuts the Mississippi River, is also located in the Critical River Corridor. The Bakken's house, which was constructed prior to the Critical River regulations, is approximately 70 feet from the ordinary high water mark and is considered lawful non-conforming. Placement of the new garage in the back yard between the house and river would intensify the encroachment of the river setback. Community Development Director Frolik advised a better alternative is to construct the accessory building in the front yard. This lot is somewhat unique in that it has no public road frontage. In the late sixties, a larger parcel, similar in size to the adjacent properties, was subdivided into two smaller lots, one with road frontage and the other, the subject property, with river frontage. Thus, the proposed accessory building would not be visible from Riverdale Dr as the home to the north, along with existing trees, would screen it from view. Furthermore, the proposed building would not be visible from the river either. Similar variances have been granted in the past to eliminate any further encroachment on the river setback. Staff recommends approving the variance request to construct a detached accessory building nearer the front property line than the home. Citizen Input There was none. Motion by Chairperson Nixt, seconded by Board Member Levine, to close the public hearing. Motion carried. V oting Yes: Chairperson Nixt, Board Members Levine, Cleveland, Hunt, and Trites Rolle. Voting No: None. Absent: Board Members Brauer and Van Scoy. The public hearing was closed at 7:05 p.m. Board Business Chairperson Nixt called the Board of Adjustment meeting back to order at 7:05 p.m. Chairperson Nixt noted adjacent property owners have written in favor of the variance. Board of Adjustment/September 7, 2006 Page 2 of3