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City Engineer Jankowski indicated the surveyor has it labeled as highest known water and has no justification to anything. He stated the surveyor needs to determine the hundred year plain elevation and then the structure needs to be a foot above that and that is not shown on the document. Board Member Nixt thought this may be relevant to making a decision and he did not think all the information needed to make a decision may be available to them at this time. Mr. Wiech stated the highest known water mark is the same as the hundred year water mark. Mr. David Lee, 8150 142nd Avenue, stated his house is next to the outlot in question and when they built their house, they were told the lot was public access so their home is very close to the lot line. He stated they had to put in a mound septic system because of the water level. He stated his concem is the outlot is very narrow to begin with and because of the water level he did not see how and where they will put the septic and well without affecting his house. He stated they cannot move it closer to the other side because that is where the farm is at. He stated in addition, a few years ago when they had the flood, the water level was pretty high up. If they put any septic system there, they will get completely flooded and he thought this was a serious consideration they have to address. Board Member Brauer asked how far up his property line the water rose on his property. Mr. Lee thought it was within thirty feet of his house. Mr. Nathe thought Mr. Lee had the highest building site in Alpaca Estates; the lot they are discussing was never filled where all the other ones were filled. Mr. Dale Borstad, 14312 Armstrong Boulevard, stated when they purchased their property it was advertised as having deeded access to the river from that property and he wondered how this would affect their values if this changed. He stated he had his realtor research this and they checked with other realtors and found that having deeded access increased their property value by approximately $10,000. He thought this issue was very important to all of them in this development. Mr. Jim Sanner, 8064 142nd Avenue, submitted schedule B of his title insurance for review. Mr. William Plessel, 7913 142nd Avenue, stated they use the access routinely and there is a semi- developed road there and he wondered if the road needed to remain there. Mr. Leon Richter, 8150 144th Avenue, submitted his "adverse possession" information to the Commission. Ms. Kim Dennie, 8112 144th Avenue NW, stated she opposed this permit being granted. They all have 2.5 acre lots and follow the rules and she did not think one person should be able to change them. Mr. Steven Will stated after Mr. Lee's comments in regards to the septic system, is there a procedure on getting a second opinion as to the perk tests. He thought this strikes him as odd that a Board of Adjustment/August 2, 2007 Page 6 of 12