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Board Member Hunt commented changing the setback on the houses 5 feet certainly is not as big of an issue as the initial phases of this development. Board Member Brauer noted this variance request may not be a big issue to the residents in the area if the lots will be the same size as what was shown before and they meet the legal requirements. Moving lots closer to the front is something that is being considered in other parts of the City. Assistant Community Development Director Frolik explained there are sidewalks in this neighborhood and the current trend is to open up your home to the neighborhood, getting houses closer to the sidewalks. Acting Chairperson Van Scoy asked if there would be any potential consequences from proceeding with this variance request. Assistant Community Development Frolik advised Mr. Overtoom has the right under the law to appeal the granting of the variance up to 30 days after the variance is granted. Anyone that feels they have been damaged by the granting of a variance has the right to appeal it. Board Member Brauer noted with the appeal process there is recourse available to Mr. Overtoom if he feels strongly about the notification. Motion by Board Member Levine, seconded by Board Member Hunt, to proceed with the request for a variance to front yard setback requirements in the R -1 Residential District for Brookfield Addition; Case of Oakwood Land Development. Motion carried. Voting Yes: Acting Chairperson Van Scoy, Board Members Levine, Hunt, and Trites Rolle. Voting No: Board Member Brauer. Absent: Chairperson Nixt and Board member Cleveland. Acting Chairperson Van Scoy summarized the consensus of the Board is that there is not opposition to the setback variance which has the basis of accommodating the ponding and trees on the site. He noted this will still not be a high density development. Board Member Trites Rolle noted the positive aspect of saving the trees and ensuring the houses are not too close to the pond. Board Member Brauer commented if the variance is denied the houses would just be moved back five feet and none of the lots would have to change. Also, these lots are in the interior of the development. Motion by Acting Chairperson Van Scoy, seconded by Board Member Trites Rolle, to adopt Resolution #06 -12 -369 adopting Findings of Fact #0784 favorable to Oakwood Development's request for a variance to the front yard setback requirements in the R -1 Residential District; Case of Oakwood Land Development. Board of Adjustment/December 7, 2006 Page 7 of 16