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. . . BOARD OF ADJUSTMENT BUSINESS Ca.se :/1:1: Reauest for Variance from the Required Mississipp-i River Setback; Case of Mr. Richard Kiecker: The Board proceeded to review the proposed findings of fact. Motion by Commissioner Peter~q~and seconded by Commissioner Hendriksen to adopt Findings of Fact #Ol6f-~lating to Mr. Richard Kiecker's request for a variance from the required Mississippi River setback, amended as follows: 9) That the existing structure is set back approximately 105 feet from the Mississippi River. 10) That the existing house encroaches on the river setback by approximately 95 feet. 14) That an adjacent structure to the southeast of the Applicant's lot is set back approximately 135 feet from the Mississippi River. Motion carried. Voting Yes: Chairman Zimmerman, Commissioners Peterson, Hendriksen, LaDue and Howell. Voting No: None. Abstained: None. Absent: Commissioners Shumway and Holm. Motion by Commissioner Peterson and seconded by Commissioner Howell for discussion to deny Mr. Richard Kiecker's request for a variance from the required Mississippi River setback, as the present setback requirement is 200 feet and he has already encroached this by 95 feet, and it would encroach further into the required setback than the existing adjacent properties to the southeast and northwest. Further discussion: Commissioner Hendriksen requested to see the aerials of this area. Mr. Kiecker explained that the river swings in on his lot leaving him actually closer to the river than the adjacent homes, but the homes do sit approximately side by side with his. The addition would not block the neighbors' view of the river. Commissioner Hendriksen stated that Mr. Kiecker's home is in line with the other houses and there has been some erosion over the years. His feeling is that due to a combination of factors involved here, this request would be reasonable with DNR approval. Chairman Zimmerman stated that he is not clear on Mr. John Stine of the DNR's position on this matter and would like to see something in writing from him. Commissioner Howell questioned the encroachment of decks and accessory buildings of the neighboring homes. Building Official Erickson stated that an adjacent property owner has a river setback of approximately 95 feet with a covered deck that encroaches in the yard by about 10 feet. Commissioner Hendriksen stated that he would like to add as Item #6 to the variance that a site plan be approved by the DNR before the City issues a building permit; that should take care of the DNR question.