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Board of Adjustment <br />Meeting Minutes <br />July 15, 2009 <br />Page 11 of 12 <br />Pedersen answered it would be very difficult because there are existing rocks on the <br />east side of the house that act as erosion control, and there are also flagstone steps <br />placed in concrete on the east side of the house as well. <br />Jasiak stated he would support this request if the posts could be moved in from the <br />property line. <br />Stuart stated moving the posts would meet code, but would not change the appearance <br />of the structure. <br />Jasiak agreed with Stuart’s statement. <br />Pedersen stated moving the post would ruin the rock slope which is used for drainage. <br />McMillan stated the rock slope could be considered a hardship and unique. <br />Jasiak asked staff if the Board approved the request, with modifications, and the <br />modifications did not meet the building code, could the applicants then return for <br />another request. <br />McCartney stated it might be easier to continue the request to research the information <br />than to have the applicant re-open a variance request. <br />Jasiak stated it would not be necessary to continue the request. <br />Public Hearing Closed / Board Discussion: <br />Stuart closed the public hearing at 9:02 P.M. and requested board discussion. <br />Jasiak stated he felt comfortable approving the rear variance request but have an issue <br />with the side variance request – primarily due to the proximity of the deck to the side lot <br />line. <br />Stuart stated he believed both setbacks were adequate for him to approve the request. <br />Jasiak then stated it is important for the homeowners to have secondary egress from <br />the second level to the backyard. <br />Loeblich stated he believed all 6 criteria have been met for both requests. <br />Malmquist agreed with Loeblich. Malmquist also stated the rocks on the east side of the <br />property would be hard to dig in if the posts were required to be relocated. <br />Stuart stated moving the posts would not be productive and would not change the <br />aesthetics of the deck. <br />Malmquist stated he believed the rocks on the east side of the property were unique to <br />the area, and the deck was not out of character. <br />Stuart stated moving the posts would not improve the character of the neighborhood <br />because the deck is already nicely constructed. <br />Jasiak agreed. <br />Motion and Vote: <br />Malmquist moved and Jasiak seconded a motion to approve the variance as stated by <br />staff in the Staff Report. <br />X:\Planning\Board of Adjustment\2009\BOA.07.15.09.doc <br /> <br />