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1) Board of Adjustment public hearing and regular meeting minutes dated November 2, 2006 Motion Carried. Voting Yes: Acting Chairperson Van Scoy, Board Members Brauer, Trites Rolle, Hunt, and Levine. Voting No: None. Absent: Chairperson Nixt and Board Member Cleveland. PUBLIC HEARINGSBOARD BUSINESS Case #1: Request for a Variance to Front Yard Setback Requirements in the R -1 Residential District for Brookfield Addition; Case of Oakwood Land Development Acting Chairperson Van Scoy closed the regular portion of the Board of Adjustment meeting at 7:05 p.m. in order to conduct the public hearing. Public Hearing Acting Chairperson Van Scoy called the public hearing to order at 7:05 p.m. Presentation Assistant Community Development Director Frolik indicated Oakwood Development has received preliminary plat approval for Brookfield Addition, and final plat approval for Brookfield 1 St Addition. Brookfield is generally located south of Trott Brook and west of Nowthen Blvd. Ms. Frolik explained City Code establishes a 30 -foot front yard setback in the R- 1 Residential District. The applicant is requesting a variance to allow a 25 -foot front yard setback on 49 lots. Forty -six of the lots surround a stormwater pond. Given the plat's adjacency to Trott Brook, location options for stormwater treatment are somewhat limited. The reduction in front yard setback will allow these lots to have more of a back yard. The applicant is also requesting a 25 -foot setback for 3 lots adjacent to Trott Brook. Because these lots back up to a public trail along the Brook, the reduced setback will provide some additional space between the house and the trail. The reduced setback will also allow some additional trees to be preserved in the rear of these lots. Ms. Frolik advised staff recommends approval of the variance. She noted a similar variance was granted for Sweet Bay Ridge. Citizen Input Mr. Jim Overtoom, 16660 Jasper Street NW, stated he lives adjacent to the south side of the Brookfield Development. The notice they received in the mail approximately two weeks ago says that this property is generally located south of Trott Brook, west of Variolite Street, and east of Nowthen Boulevard. He stated there are no lots on the picture that has been presented that conform with that description. The notice goes on to say it is legally described as certain lots within the Brookfield Addition, Anoka County Minnesota. Mr. Overtoom stated none of these lots in the Brookfield Development area are west of Variolite Street, nor are any of them east of Nowthen Boulevard. He would suggest and request that the public hearing has not been properly noticed, and that this public hearing cannot take place tonight. Board of Adjustment/December 7, 2006 Page 2 of 16