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<br />Board Member Brauer referenced the change in the MUSA line and its affect on the zoning of this <br />property; how many other properties in the City are affected when the MUSA line changed? Are <br />they potentially looking at other homes in other parts of the City with formerly unbuildable lots that <br />could now be buildable. <br /> <br />Associate Planner DaInes stated she did not know how many other properties are like that. She <br />stated the only examples she could think of are commercial developments in the City. <br /> <br />Board Member Brauer stated if they approve this variance, they are setting a precedent for other <br />properties in the City that formerly did not meet the guidelines, but do now, for the R-l and they <br />could at least apply to put a house on that lot. <br /> <br />Chairperson Van Scoy stated the other potential concern he would have is the suggestion that <br />another thirty-six lots there could re-subdivide with the same potential for on site systems. He <br />stated if they actually had the sewer it would be a non-issue. <br /> <br />Board Member Brauer asked assuming they approved this and the residents decided to fight this on <br />the basis of this agreement they thought they had on the property, their redress would be that they <br />would have to hire a lawyer and take it to court and get a judgment voiding the variance or how <br />does that work. <br /> <br />Assistant Community Development Director Frolik thought the appeal process for a BOA is that <br />anyone who feels they have been aggrieved by the granting of a variance would have a right to <br />appeal the decision at the City Council first. <br /> <br />Board Member Nixt stated he was not inclined to grant this variance. <br /> <br />Board Member Cleveland stated she disagreed because the City has granted variances before to <br />allow someone to build as long as it complies. <br /> <br />Board Member Hunt agreed with Board Member Cleveland in regards to this. <br /> <br />Board Member Brauer stated he was leaning toward Board Member Nixt's position and would like <br />to table this until they had more information, but ifhe was forced to vote he would vote no. <br /> <br />Chairperson Van Scoy stated one of his concerns was he did not know the lay of this lot and he did <br />not know where the hundred foot flood line is located. <br /> <br />Board Member Hunt stated they are looking at the assumption that Mr. Wiech can put in a septic <br />system and that is what they are dealing with. <br /> <br />Board Member Trites Rolle stated because the zoning has completely changed, it does meet the <br />requirements at that point. She stated she was sympathetic to both sides and understands there is a <br />hardship that does exist so she was not sure. <br /> <br />Board of Adjustment/August 2, 2007 <br />Page 8 of 12 <br />