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know how this could get sold twenty-two years later. He did not know how they could allow a septic on this lot and if approved, he will ask for the same on the adjacent property. Mr. Nathe indicated as far as he knew, everyone who has a deed for Alpaca Estates would have this in their deed allowing them access to the river over Outlot A. Chairperson Van Scoy asked ifMr. Nathe had evidence of this. Mr. Nathe indicated he did not because he never purchased a lot in Alpaca Estates. Chairperson Van Scoy asked Mr. Nathe to the best of his knowledge if the use was ever put into place. Mr. Nathe indicated it was and there was a road made down to the river along with a boat launch and it was used up until five years ago. Board Member Nixt stated they were there to assess a variance for a proposed land use and not who has legal rights. He indicated the residents should retain legal counsel and investigate. Mr. Nathe stated he understood but if they were going to subdivide an outlot that is only 100 feet wide then everyone else should have the right to do the same. Board Member Nixt indicated that is what they were there to talk about. Mr. Ron Beck, 8100 142nd A venue, stated this development was built in 1987 and at that time it was 2.5 acre lots in order to build there, which is what it still is, so he did not know how someone could build on less than that. There is another problem with the lot. There is low elevation in that area and the applicant will not be able to build a house there anyways. Mr. David Kent, 8101 144 th Avenue, stated he just purchased his place a year ago and understood that the previous owner wanted to split his lot and inquired about it and the City would not let it happen which caused him to need to sell. He stated he wanted to express his opinion and it seemed like if they allow the applicant to do this they will be allowing Mr. Nathe to go in and do the same along with everyone else and will be setting a precedent that they may not want to do. Board Member Brauer arrived at 7:13 p.m. Mr. Robert Bryant, 8141 142nd Avenue, stated they moved in three years ago and they have an independent appraisal indicating they have deeded access to the Mississippi river. He noted this appraiser got that infonnation someplace. Their real estate agent also indicated the same. He stated these are 2.5 acre lots there and should not be subdivided down to 1.25 acre lots. He explained he was not in favor of this and he did not think the neighborhood is in favor of it. Mr. Bryant stated the reason they do not want this is because the standard is 2.5 acre lots and access to that river on that outlot is for them. They use the property and now they will be denied the right. He did not think a variance should be granted until this is sorted out. Board of Adjustment/August 2, 2007 Page 3 of 12