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<br />. <br /> <br />. <br /> <br />. <br /> <br />Further discussion: Commissioner Hendriksen commented that there was a <br />valid reason for the setback requirement. The Board may be incurring <br />substantial liability by going against the ordinance. <br /> <br />Mr. Triemert commented that he believed any widening of St. Francis <br />Boulevard NW would probably be on the other side due to the cemetery <br />located adjacent to his property. <br /> <br />Motion carried. Voting yes: Chairman Zimmerman, Commissioners Shumway and <br />LaDue. Voting no: Commissioners Hendriksen and Howell. Absent: <br />Commissioner Holm. <br /> <br />Case #3: Request For Variance From Section 170.076.24 Of The City Code <br />Reiardini Setback From The Rum River; Case Of A. J. Parent <br />Company: <br /> <br />The Board reviewed comments from Mr. John Stine, DNR, dated August 26, <br />1987. Mr. Parent commented that there would be no walk-out on the river <br />side. There would only be windows on that side as the topography of the <br />lot would permit; therefore, he believes he has eliminated the problem <br />identified in Item #2 of Mr. Stine's letter. <br /> <br />The Board proceeded to review the proposed findings of fact. The Board <br />discussed the scenic easement and its impact on construction. <br /> <br />Commissioner LaDue inquired how far the house will set back compared to <br />adjacent properties. <br /> <br />Mr. Parent noted that it was a little greater than the adjacent areas. <br /> <br />Commissioner Shumway asked Mr. Parent what the hardship was on which he was <br />basing his request for a variance on. <br /> <br />Mr. Parent replied that the City requires a front yard of 40 feet and a <br />setback from the Rum River of 150 feet. The subject property, therefore, <br />has only 18 feet within which a structure may be built which would meet the <br />setbacks. <br /> <br />Chairman Zimmerman stated that he and Commissioner Shumway had gone out to <br />the site and he believes that the angle at which the garage meets the house <br />creates a problem and he suggests that the garage be redesigned to decrease <br />encroachment on the river and to draw the house forward near the front yard <br />setback. <br /> <br />Mr. Parent reiterated that the only way to put a house on the subject <br />property requires either a variance from the street, the front yard <br />setback, or from the Rum River. <br /> <br />Chairman Zimmerman asked where the septic system would be located. <br /> <br />Mr. Parent replied that it would be towards the street on the southeast <br />corner. <br /> <br />Board of Adjustment/August 27,1987 <br /> <br />Page 4 of 6 <br />