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Board of Adjustment <br />Meeting Minutes <br />July 15, 2009 <br />Page 7 of 12 <br />McCartney recommended that they look at the case both as a built element and un-built <br />element. Once they have done this, how would their opinion change if the element was <br />not built. <br />Jasiak stated if he looked at this request if it were un-built then he would consider <br />criteria numbers 3 and 6 as met (for the lower deck) but not for the upper deck. <br />Malmquist stated that he agreed with Jasiak’s statement. <br />Stuart stated he agreed with Jasiak as well – the lower deck is not as much of an issue <br />as the upper deck. Stuart also stated he wished the Board would have had the <br />opportunity to review the decks prior to them being built so alternatives could have been <br />discussed. <br />Loeblich stated he believes both the upper deck and lower deck comply with the criteria <br />and should be approved as requested. <br />Stuart requested if the board had further discussion. Hearing none he requested a <br />motion. <br />Motion and Vote: <br />McCartney recommended that the Board consider voting separately on the variance <br />requests since the Board was having issues with one of the variance requests. The <br />variance requests are as follows: <br />1. To reduce the rear setback requirement from 15 feet to 9 feet adjacent to the two <br />story covered deck. <br />2. To reduce the rear setback requirement from 15 feet to 11 feet adjacent to the <br />one story covered deck. <br />Jasiak moved and Loeblich seconded a motion to approve the variance request number <br />1, which is a request to reduce the rear setback requirement from 15 feet to 9 feet <br />adjacent to the two story covered deck, as stated by staff in the Staff Report. <br />McCartney clarified with the Board their understanding of the motion. <br />Roll Call Vote: <br />Erik Jasiak No <br />Gunnar Malmquist No <br />James Stuart No <br />Horst Loeblich Yes <br />Wayne Chancellor excused <br />Motion #1 denied: 3 to 1 <br />Jasiak moved and Malmquist seconded a motion to approve the variance request <br />number 2, which is a request to reduce the rear setback requirement from 15 feet to 11 <br />feet adjacent to the one story covered deck, as stated by staff in the Staff Report. <br />McCartney clarified with the Board their understanding of the motion. <br />X:\Planning\Board of Adjustment\2009\BOA.07.15.09.doc <br /> <br />