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Motion Carried. Voting Yes: Chairperson Van Scoy, Board Members Nixt, Trites Rolle, Brauer, Cleveland, and Hunt. Voting No: None. Absent: Board Member Levine. PUBLIC HEARlNGS/BOARD BUSINESS Case #1: Public Hearing - Request for a Variance to Create a New Lot Served by a Septic System in the Metropolitan Urban Service Area (MUSA); Case of Chad Wiech Chairperson Van Scoy closed the regular portion of the Board of Adjustment meeting at 7:06 p.m. in order to conduct the public hearing. Public Hearin2 Chairperson VanScoy called the public hearing to order at 7 :06 p.m. Presentation Associate Plmmer DaInes advised that Chad Wiech has purchased Outlot A of Alpaca Estates 3rd Addition, located on the Mississippi River on 142nd Avenue NW west of Armstrong Blvd. Because of the lot's inclusion in the Metropolitan Urban Service Area (MUSA), and the substantial distance to sewer and water lines, Mr. Wiech is requesting a variance to develop the lot with a septic system. Associate PlalUler DaInes stated Staff did considerable research to determine the purpose of this outlot at the time Alpaca Estates 3rd Addition was approved, but was unable to find the reason for its creation. Several neighbors have questioned its status, believing that it existed to provide access to the river for residents of Alpaca Estates. It is not dedicated as park on the plat of the 3rd Addition, and no access easements have been discovered to date. Associate Planner DaInes advised it seems plausible that the outlot was simply surplus area left over after the rest of Alpaca Estates 3rd Addition was platted. Since that time, zoning rules have changed such that it is now a conforming lot, in terms of size and width. Staff would recommend against splitting off a new lot on the river; however, because the outlot is already in existence, with few clues as to its purpose, Staff is recommending approval of the variance to allow it to be developed with a septic system. Associate Planner DaInes advised if the variance is approved, Staff also recommends that the new house be no closer to the river than the home directly to the east. A term has been added to the variance to reflect this recommendation. Citizen Input Mr. Dave Nathe indicated that he and his brother, Joe, own the adjacent land. He stated in 1977 this lot was taken away from their farm by adverse possession. This lot is 100 feet wide and it was set up so that anyone who lived in Alpaca Estates could go down to the river and launch their boat, etc. He stated anyone who bought the lot in Alpaca Estates had this on their deed as well and he did not Board of Adjustment/August 2, 2007 Page 2 of 12