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-DRAFT- Chair Stevenson expressed concern with the fact the developer was proposing to build a rental unit if the variance was not approved. He suggested that if a home was built on this property that it be more in synch with the surrounding properties and not be a rental. Commissioner Love asked if the proposed home would be two levels. Erik Ollestad, Value Homes, LLC, discussed the home he was proposing to build on the property at 7790 Eastwood Road. He commented on the trees that would be lost. It was noted the house would be in alignment with the setback requirements, however the garage would not be. Commissioner Schiltgen questioned if the private easement has been discussed between the property owner and the adjacent property. Mr. Ollestad did not anticipate this issue would be resolved with the adjacent property owner. Commissioner Klebsch stated her concerns were still the same and had not been addressed. She appreciated a buffer of trees would remain in place, but did not understand why there was only two ways to build on this lot. She believed there were more options for the site. For this reason, she would not support the variance request. Mr. Ollestad expressed frustration with the way the Planning Commission had managed his request and was disappointed with the fact that he has had to come back to three meetings in order for the Commission to make a decision on his request. MOTION/SECOND: Commissioner Schiltgen/Commissioner Rundle. To approve Resolution 1055-16, a Resolution Approving of a Variance to Allow a 30-Foot Front Yard Setback for a New Home at 7790 Eastwood Road; Planning Case No. VR2016-04. Commissioner Klander asked why the developer was not aware of the easement on the site. Planner Sevald described the differences between a major and minor subdivision and explained the developer was not required to complete a title search prior to plat approval, but prior to the plat being recorded. Commissioner Klander questioned when the drainage easement was put in place. Planner Sevald reported this took place in 1997. He noted this was a private easement between two property owners. Commissioner Love believed it was unfortunate the developer did not find out about the easement until after purchasing the property. Ayes – 4 Nays – 3 (French, Klebsch, Love) Motion failed. Planner Sevald requested comments, for the record, from those that opposed the Variance. Commissioner Love believed the Variance did not meet Letter E stating the essential character of the neighborhood would be impacted by the proposed variance. Commissioner Klebsch added that Letter F was not being met either.